How the entitlement is derived
Protocol core principles appliedHead-office overheads & profit
Part C §2 · formulae, with cautionRecoverable only if the Contractor shows that overheads went unabsorbed and that other work was available (Part C §2.6–2.8). The burden stays with the Contractor; a formula quantifies, it does not prove.
Programme impact
days from the Commencement DateClaim procedure
Deadlines run from the date the Contractor became aware, or should have become aware, of the event.
The 2017 forms bar both Parties; give the Engineer 14 days to object to a late Notice (silence deems it valid); allow 84 days for the fully detailed claim; and add the 42 + 42 day agreement and determination steps under 3.7. The 1999 forms and the MDB editions bar only the Contractor, want the fully detailed claim in 42 days and the Engineer's response in 42.
The Protocol prefers cause-and-effect methods while the works proceed (CP 4) and effect-and-cause methods once the assessment is time-distant (CP 11).
The Accepted / Updated Programmes of Core Principle 1 are what make the software-driven methods reliable.
Site diaries, progress photographs, labour and plant returns, and dated correspondence (20.2.3 contemporary records).
Method choice follows Protocol §11.3: the conditions of contract, the nature of the events and of the project, proportionality to the value in dispute, the time available, the records and programme information actually held, and the forum. Whatever the method, the conclusion must be sound from a common-sense perspective (§11.2).