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International Construction Law Review

THE EVALUATION OF PLANT CLAIMS IN CONSTRUCTION

DR FRANCO MASTRANDREA

LLB (Hons), M Sc, Ph D, FRICS, FCI Arb, Barrister

Introduction

Some areas of appraisal in construction claims have commanded extensive attention, whilst others have failed to do so. Plant claims unquestionably fall into the latter category. Whether that is because the subject-matter is regarded—at one extreme—as too complex, or—at the other—as too simple to warrant serious study,1 is unclear. Thus, typically, the evaluation of the plant component of any construction prolongation claim is said (depending on the way in which the particular item of plant is deployed to the relevant project) to involve a simple choice between ownership costs and hire rates over the relevant period. This belies the importance of the subject (given, for example, that the cost of plant is at the present day likely to constitute a very significant proportion of a construction contractor’s total project costs) and its true challenges. The issues to be addressed can often involve complexities, both conceptual and factual, at all stages in the evaluation process—such as the appropriate approach to valuation and an understanding and sensible application of the array of different costs likely to be involved.
The object of this article is to carry out a brief survey of the factors that seem relevant and appropriate to the evaluation of plant claims, the various approaches to valuation, the ways in which plant is consumed, the various types of cost that may be involved in that consumption, the particular significance of depreciation, the possible relevance of the law relating to loss of use of non-commercial assets, and some particular considerations going to the proof of plant claims.
Although claims relating to construction plant may appear in a variety of forms, including as a routine part of an application for interim payment, by way of relevant adjustments to the evaluation of a variation, or as part of a final account claim, these matters are beyond the scope of this article, which is largely confined to the evaluation of two main types of claim, namely, those where:


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