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Construction Contract Dispute: Overhead Recovery and Loss of Profit

Construction Quantum

Construction Quantum

Background

A specialist subcontractor disputed the final account on a major infrastructure project, claiming head office overhead recovery and loss of profit on the remaining works.

Instruction

CPR Part 35 party-appointed expert to provide financial accounting expert evidence on the overhead recovery methodology and loss of profit claim.

Approach

Analysed the subcontractor's audited accounts and management information; assessed whether the Emden or Hudson formula was appropriate; applied the correct financial data to the chosen formula; calculated loss of profit on remaining works.

Outcome

Sterling Forensic's analysis produced an overhead recovery figure different from both parties' initial positions, and identified additional recoverable loss of profit elements not previously claimed. The matter settled following exchange of expert reports.

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