a comparative analysis of different price adjustment for fluctuation formula methods in respective Conditions of Contract used in construction projects in tabulated form:
Price
Adjustment Formula Method |
FIDIC |
JCT |
NEC |
Fixed Price |
- |
Clause 12.2 |
Clause 50.1 |
Unit Price |
- |
Clause 12.3 |
Clause 50.2 |
Cost-plus |
- |
Clause 12.4 |
Clause 50.3 |
Index-linked |
Clause 13.1 |
Clause 13.1 |
Clause 13.1 |
The FIDIC Conditions of Contract are a set of standard form contracts used in international construction projects. The JCT Conditions of Contract are a set of standard form contracts used in the United Kingdom. The NEC Conditions of Contract are a set of standard form contracts used in the United States.
The fixed price contract is the simplest type of contract. The contractor agrees to complete the project for a fixed price. The price is agreed upon at the start of the project and does not change, regardless of changes in market conditions.
The unit price contract is more complex than the fixed price contract. The contractor agrees to complete the project for a unit price per unit of work. The unit price is agreed upon at the start of the project and is used to calculate the total price of the project.
The cost-plus contract is the most complex type of contract. The contractor is reimbursed for its actual costs, plus a profit margin. The contractor's costs are typically calculated on a time-and-materials basis.
The index-linked contract is a hybrid of the fixed price and unit price contracts. The price is adjusted based on a published index. The index is typically a measure of inflation or the cost of construction materials.
The best price adjustment formula method for a particular project will depend on a number of factors, including the size and complexity of the project, the predictability of costs, and the risk appetite of the parties involved.
Here are some additional details about each price adjustment formula method:
Fixed Price
Fixed price contracts are simple to understand and calculate. They are also the most common type of contract used in construction projects. However, fixed price contracts can be risky for both the contractor and the owner. If the cost of materials or labor increases, the contractor may not be able to complete the project for the agreed-upon price. This could lead to financial losses for the contractor and delays for the owner.
Unit Price
Unit price contracts are more complex than fixed price contracts, but they offer more protection for both the contractor and the owner. Under a unit price contract, the contractor is paid a fixed price per unit of work. This means that the contractor is not exposed to the risk of cost increases. However, the owner is exposed to the risk of cost decreases. If the cost of materials or labor decreases, the owner will still have to pay the contractor the agreed-upon price per unit of work.
Cost-plus
Cost-plus contracts offer the most protection for the contractor, but they offer the least protection for the owner. Under a cost-plus contract, the contractor is reimbursed for its actual costs, plus a profit margin. This means that the contractor is not exposed to any risk of cost increases. However, the owner is exposed to all of the risk of cost increases. If the cost of materials or labor increases, the owner will have to pay the contractor more money.
Index-linked
Index-linked contracts offer a middle ground between fixed price and cost-plus contracts. Under an index-linked contract, the price is adjusted based on a published index. This means that the contractor is not exposed to the risk of extreme cost increases or decreases. However, the contractor is still exposed to some risk of cost changes.
References:
- FIDIC Conditions of Contract, 2017 Edition
- JCT Standard Building Contract, 2016 Edition
- NEC3 Engineering and Construction Contract, 2013 Edition
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