Steel went up 20% after I priced the job
We priced the frame at one steel price, and by the time we came to buy it the supplier wanted a fifth more.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
What's happening?
Whether you get the rise back depends almost entirely on your subcontract. A fluctuations clause is the part that adjusts the price when costs move. On a fixed price with no such clause, the rise is yours. A steep rise in costs does not, by itself, change the price or end the contract. A fluctuations option, or NEC price adjustment for inflation, may pass some or all of it to your main contractor. It does so only by its own method, from its own base date, for the items it covers.
There may be other routes too. Steel bought later because your main contractor delayed the start is one. A changed design priced at today's rates as a variation is another. Each needs its own evidence, and the quickest way to lose all of them is a round percentage on your next application.
The solution
Keep the percentage off your application. Read the subcontract for every route the rise could take. That means the fluctuations clause, a variation at current prices, or loss and expense, the extra cost your main contractor's delay caused. Give any notice the clause needs first. Then value each route its own way, from the base date and the published indices or the invoices.
Price Rise Claim reads your subcontract for every route and rates each one for the evidence behind it, from your tender quote to the supplier's increase notice. We value each route, submit it with its workings and negotiate it. The Handover Pack we leave you then shows how Price Rise Loss Prevention would carry the next rise.
Example
Illustrative example. The scenario and figures are invented.
The facts
A steel frame subcontractor priced 180 tonnes at £1,150 a tonne, £207,000. Its JCT subcontract has the labour and materials fluctuations option, with steel on its list of basic prices. The supplier then raises the price to £1,380 a tonne, and the site team adds 20% of the steel element, £41,400, to the next application.
What happens
- The main contractor refuses the line. The option pays the difference on materials bought after a price change, not a percentage on the package.
- The purchase records show 60 tonnes were bought before the rise, at the basic price, so nothing moved on them.
- The other 120 tonnes were bought after it, at £230 a tonne above the basic price.
- The notice the option requires went out 9 days after the supplier's increase letter, with the letter attached.
- £3,200 of bolts and fixings had also risen, but they were not on the list of basic prices, so they are left out.
The steel in figures
| Item | Amount |
|---|---|
| Claimed as 20% of the steel element | £41,400 |
| 120 tonnes at £230 above the basic price | £27,600 |
| Agreed | £27,600 |
The outcome
The adjustment is agreed at £27,600, the figure the option actually pays, with the notice and invoices behind every tonne.