Disallowed cost
Under cost reimbursable contracts, the contractor is paid actual costs – a calculation based on their accounts and records, rather than a pre-determined rate or price. However, not all costs can be accurately determined on a project-specific basis – some costs have only been incurred due to the contractor’s inefficiency, and not all costs are recoverable under the contract.
Options (C, D, E and F) of the New Engineering Contract (NEC) and Engineering and Construction Contract contract (EEC), describe the costs that can be recovered by the contractor as the ‘defined cost’, whereas the costs that cannot be recovered are described as the ‘disallowed cost’. The disallowed cost does not have to be paid by the employer and so is borne by the contractor. As a result, this is a common area of dispute.
Very broadly, the defined cost includes payments due to subcontractors and the cost of components for other works (such as plant, equipment and people), minus the disallowed cost.
The disallowed cost may include costs that appear to fall within the definition of defined cost, but that have been incurred as a result of the contractor’s failure or default.
This includes:
- Amounts that should not have been paid to a subcontractor.
- Amounts that are not justified by the contractor’s records.
- Resources that were not used.
- Costs incurred because the contractor did not follow the proper procedure.
- Failure to give early warning of anything that may delay the works, or increase costs.
- Defects corrected after completion.
- Preparation for adjudication.
Some defects corrected before completion are not disallowed. However, if a target cost (pain/gain) contract is being used, this will increase the defined cost, and so the potential ‘gain’ for the contractor is reduced, and the likelihood of ‘pain’ is increased. As a result, the contractor may in fact still end up paying for some of the costs of the defect.
The project manager decides whether a cost is disallowed. This must be done in accordance with the contract, and a reason must be given for each disallowed cost through the certification process.
[edit] Related articles on Designing Buildings Wiki:
- Atkins v Secretary of State for Transport.
- Alternative Dispute Resolution legislation.
- Compensation event.
- Contract conditions.
- Cost reimbursable contract.
- Defect.
- Defined cost.
- Delay damages.
- NEC3.
- NEC contract change management systems.
- NEC early contractor involvement.
- Outturn cost.
- Period for reply.
- Target cost.
- Time Risk Allowance TRA.
Featured articles and news
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.