What is a price adjustment clause?

A price adjustment clause is a provision in a construction contract that sets out how increases in labour, fuel and material prices are shared between client and contractor. A year or more can pass between tendering and building. Without such a clause the contractor carries the whole price risk, and will either price that risk in heavily or take a serious loss if steel, asphalt or diesel suddenly climbs.

How it works

The arrangement is best known in civil engineering work. In outline:

  1. Base date — the contract names a base date, usually around the tender. That is the reference point.
  2. Index figures — recognised bodies publish index figures at regular intervals for labour costs, fuel and a range of materials (asphalt, concrete, steel, aggregate).
  3. Settlement per valuation — at each interim payment the difference between the current index and the index at the base date is calculated and settled.

It works both ways: if prices fall, the client gets money back.

What to watch

And on a domestic project?

In housing and refurbishment you meet the same principle as a fluctuations clause or variation-of-price provision. If one appears in your building contract, read exactly which cost categories are covered, from what date it runs, and whether a cap applies. A fixed price without a fluctuations clause gives the most certainty; in that case, get written confirmation of how long the quotation stands.

Fluctuations clause or fixed price: what to do in each caseYour building contract contains afluctuations clause→Read exactly which cost categoriesare covered, from what date itruns, and whether a cap appliesYou have a fixed price without afluctuations clause→Most certainty; get writtenconfirmation of how long thequotation stands
Two separate situations in a domestic building or refurbishment contract. Each row applies only to its own situation: the first if the contract contains a fluctuations clause or variation-of-price provision, the second if you have a fixed price without such a clause. With a clause, only the cost categories it names are adjusted.

Related terms

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