ABSTRACT
The loss and expense provisions are included to cope with disturbance of regular progress, which upsets the contractor's rhythm of working, be it otherwise smooth or bitty, as he properly anticipated it and provided the disturbance is due to a proper ‘matter’, as set out in the contract. Although the courts are charged with the task of awarding damages which reflect the loss and expense concept, there should be no illusions about judges having some judicial crystal ball which renders discharge of the task accurate to the point of infallibility. Hindsight will show numerous times and avenues for greater efficiency than was achieved, whereas any sensible tender and programme make allowances for ‘contingencies’, ‘float’ and other titles which cover inefficiency, remedial work, overoptimism, error or whatever the causes may be termed. Loss and expense may occur when materials deteriorate in conditions of delay or disorganisation, through exposure to the elements or through excessive handling.
