Construction Law/Standing Plant


In respect of a contract that was programmed and priced as a 7 day 24 hours a day contract. We have never worked 24/7 throughout, always worked 5 or 6 days per week, and generally 6 nights a week. Several delays in various areas have been incurred predominantly incurring costs for standing plant. Are costs recoverable based upon 7 days working, i.e. if standing for a week, 7 shifts can be charged. My client is only agreeing to pay for 5 days a week because we haven’t worked the full 7 days. We are on adjusted CECA rates.

Dear Lisa,

Thank you for this question.

My first question to you is whether the actual working time (which is less than the planned time) was forced by the delay events or by your own choice? This may dictate your entitlement.

Assuming that your actual work time was dictated by the delay events, then the actual costs you incur in consequence of the delays can be recovered and this should be over the 7 day period originally planned; however where the reduced working time was at your own choice it seems you had displayed an intention not to work the full 7 days allowed and, therefore, I suggest that your Client has a point in principle.

I hope that this assists you.

Kind regards,
John Dowse

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John Dowse


Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.


Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Various UK and International construction and legal publications.

LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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