Profit in contractor monetary claims

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Legal and contractual solutions · Loss and expense

When may a contractor recover profit as part of a monetary claim?

Valuation profit, lost opportunity and termination loss

Profit is recoverable only where the contract or damages rules provide for it and the contractor proves the relevant loss. Some cost definitions expressly exclude profit, while other valuation mechanisms include an agreed addition.

Quick answer

Entitlement depends on the claim route, contractual definition and proof of the profit actually lost

Distinguish profit added to variation valuation from loss of profit caused by lost turnover, omitted work, prevention or termination. For lost opportunity, prove that work was available, capacity was constrained and the opportunity would probably have produced a normal recoverable margin. Exceptional profit requires proof that the special opportunity was within the parties' contemplation. Deduct saved cost, released capacity and profit earned elsewhere. Do not add profit where the contract defines cost or expense to exclude it.

IssuePosition
Variation valuationApply the stated rate or profit addition
Cost definition excluding profitNo profit through that contractual route
Lost opportunityRequires available work, capacity and probable margin
Employer-default terminationLost contract profit may be recoverable less savings
Exceptional marginRequires knowledge and remoteness proof

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