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Monument

Process and engagement

How is cost escalation handled in a construction contract?

Most government and council contracts are fixed price, meaning the contractor carries material and labour escalation for the contract period. Longer contracts may include a rise and fall provision tied to a published index. Where escalation is not adjustable, it is managed by early procurement, locked supplier pricing and realistic programme assumptions at tender.

A fixed price contract means the price is fixed, including against material costs that move after it is signed.

Which is the normal arrangement on government and council work, and it puts escalation risk with the contractor for the whole contract period.

The two contract positions

**Fixed price with no adjustment,** which is the standard on most school and council projects. The contractor prices the work including an allowance for movement over the programme and carries the outcome.

**Rise and fall,** where the contract provides for adjustment against a published index, usually a producer price index or a construction cost index, applied at defined intervals. More common on longer contracts and on major works, and rare on projects measured in months.

Which one applies is in the contract and it changes how the work is priced. A fixed price on a six-month project carries a modest escalation allowance. The same fixed price on a two-year project carries a much larger one, and the client pays for that risk transfer whether the escalation happens or not.

That trade-off is one of the things an early engagement discussion is for, as described in [early contractor involvement and cost planning](/answers/early-contractor-involvement-and-cost-planning).

Where the exposure actually sits

Not evenly across the project.

**Materials with volatile pricing,** which over recent years has meant steel, timber, electrical cable, and anything with a significant transport or energy input in its production.

**Imported items with long lead times,** where the exchange rate and the shipping cost both move between order and delivery. Mechanical plant, lifts, specialist equipment and some glazing systems.

**Subcontract labour** in trades under demand pressure, where a quote given at tender is not held three months later.

**Items ordered late in a long programme,** which are the most exposed, because they are priced at tender and purchased furthest from it.

How it is managed rather than absorbed

**Lock supplier pricing at tender,** with written quotes held for the contract period rather than indicative pricing.

**Order long-lead items early,** at the start of the contract rather than when the programme calls for them, accepting the storage requirement to remove the price risk. On a constrained site, storage is itself a problem, which is the tension in [constrained sites with no laydown area](/answers/constrained-sites-with-no-laydown-area).

**Price the programme honestly.** An optimistic programme understates escalation exposure, because the items at the end are further away than the price assumed. Which is why programme realism is a commercial matter as well as a delivery one, and why the wet weather and delay provisions in [wet weather and programme recovery](/answers/wet-weather-and-programme-recovery) matter to the price.

**Get the information needed to price accurately at tender,** because an allowance made against an unknown is always larger than one made against a specification. The list of what makes this possible is in [what a client should provide at tender](/answers/what-a-client-should-provide-at-tender).

Escalation is not a variation

The two get confused and the contract treats them very differently.

A variation is a change to the scope or to the conditions, valued and approved under the process in [how variations are managed](/answers/how-variations-are-managed). A price increase on material within an unchanged scope is not a variation, and it is not claimable on a fixed price contract.

Where the two can intersect is through delay. A delay caused by the client or by a qualifying event extends the programme, and an extended programme can expose the contractor to escalation it did not price. That is an entitlement question under the delay provisions rather than an escalation one, and it runs through [extension of time and delay costs](/answers/extension-of-time-and-delay-costs).

Why it affects the client even on a fixed price

A fixed price transfers the risk and it does not make it disappear.

A contractor pricing a volatile market on a long programme either includes a contingency the client pays for, or prices thin and carries a risk that affects their capacity to deliver. Neither is in the client's interest.

Which is the argument for shorter contract periods where the work allows it, for early engagement so the programme and the procurement strategy are built together, and for resolving design and approvals before tender so the price is given against something settled rather than against an assumption.

Monument Environments

Boutique principal contractor for NSW government and institutional clients, specialising in construction inside operational environments that cannot be shut down. Established 2006. ISO 9001, 14001 and 45001 certified. Prequalified SCM 0256 and SCM 1461.