ABSTRACT
This chapter presents some questions that are helpful for construction professionals of all kinds who frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Most standard forms of contract provide for dayworks only as an option to be used if the normal valuation mechanism is not appropriate. It brings up the rear in the valuation rules because work done on a daywork basis generally costs more than work valued in any other way. The clear conclusion is that quantity surveyors can be liable for failures to use reasonable skill and care in measuring. If the contractor is entitled to an extension of time, it should simply continue the work without trying to accelerate, knowing that it will be able to recover its prolongation loss and/or expense, and any liquidated damages deducted, by referring the dispute to adjudication or arbitration. It is relatively common for payment to be offered 'in full and final settlement'.
