Ascertainment of loss and expense

General provisions

Clause 4.23 of the Joint Contracts Tribunal (JCT) Standard Building Contract With Quantities 2011 (JCT 2011 - available from RICS Books) provides that, in certain circumstances, where the contractor:

'incurs or is likely to incur direct loss and/or expense for which he would not be reimbursed by a payment under any other provision in these conditions ... the Architect/Contract Administrator shall ascertain, or instruct the Quantity Surveyor to ascertain, the amount of the loss and/or expense which has been or is being incurred ... '

(Reproduced with kind permission of JCT. © JCT)

This restricts the application of the rules associated with reimbursement of reasonable costs to situations where the contract does not allow those costs to be 'valued' under any other provision.