Construction Law/Price Adjustment

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Question
Dear John
In our Contract, Price adjustment is admissible for Labour, Diesel & Miscellaneous expenditure and a total 35% is accounted for that; while balance 65% is fixed.
As an example, formula for adjustment is: W x {0.15 x (Li – Lo)/Lo + 0.05 x (Fi – Fo)/Fo + 0.15 x (MIi – MIo)/MIo }

where W= Total Value of Work done during the month.


Please advise, whether, W should include Over head & Profit and VAT & Tax OR Not.

Answer
Dear Praydot,

Thank you for this question.

Please advise which form of contract governs the project and whether any amendment has been made to the standard  terms and conditions. This information may dictate my answer.






Kind regards,
John Dowse

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Construction Law

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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