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Prime cost meaning

What does Prime cost mean?
Prime cost, in construction contracting, describes a cost‑reimbursable (cost‑plus) basis under which the contractor is paid the actual costs it properly incurs in executing the works—typically labour, materials, plant and subcontractor charges—plus an agreed fee to cover overheads and profit. The term is not defined in legislation; it is a descriptive expression used across the UK and Ireland and appears in standard forms, notably the JCT Prime Cost Building Contract. The NEC suite uses an equivalent model (Option E: cost‑reimbursable), paying Defined Cost plus Fee. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though terminology in standard forms varies. Key legal features include: open‑book records and audit/verification rights; a contractual definition of recoverable “prime cost” and any disallowed costs; the fee as a fixed sum or percentage; and risk allocation under which the employer bears most cost risk and price certainty is low. Prime cost contracts are suited to uncertain scope, early start or emergency works, and require robust cost control and change management. Do not confuse this with a prime cost sum (PC Sum), an allowance for items or work within a lump‑sum contract; a PC Sum is not a cost‑reimbursable payment basis.
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CHECKLISTS
Construction dispute avoidance: legal checklist from procurement strategy to project completion and early resolution

This Checklist sets out actions that can be taken—some at procurement stage and others during the life of a project—to help minimise the chance of disputes emerging on construction projects... During the procurement process Select the right procurement route Ensure the procurement method fits the specific context. For instance, where the employer wants to maintain control of the design or specified materials, a traditional contract may suit better than design and build. Conversely, if an earlier start on site is essential, design and build might be the preferred choice. See Practice Note: Choosing the right procurement method—construction projects. Adopt the correct pricing structure Choose a pricing approach that aligns with the employer’s objectives. If price certainty is a priority, a lump sum contract is generally more suitable than a prime cost arrangement. Where a lump sum is used, avoid inserting an excessive number of provisional sums, as these can undermine the desired cost certainty. See Practice Notes:...

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NEWS
UK immigration and nationality weekly: asylum backlog, MAC Immigration Salary List, small boats criminalisation, TOEIC scandal, EUSS marriage ruling, and cases including Begum and FA (Iran) on Facebook posts

In this issue: UK immigration control: how it works Sponsored work Students Long residence, discretion and human rights EU law rights and EU Settlement Scheme Challenging immigration decisions and enforcement Citizenship applications Daily and weekly news alerts New and updated content New Q&A UK immigration control: how it works IPPR highlights asylum claim ‘perma-backlog’ The Institute for Public Policy Research (IPPR) has released a blog analysing the current asylum backlog, responding to the Prime Minister’s announcement earlier this year that the ‘legacy’ backlog target had been achieved. The post maintains that a legacy backlog persists and identifies further cohorts who lodged claims on or after 28 June 2022, as the Nationality and Borders Act and subsequently the Illegal Migration Bill/Act tightened the regime. In particular, the majority of people arriving by irregular routes after 7 March 2023 and claiming asylum from 20 July 2023 are expected to be stuck in a ‘perma-backlog’, unable...

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NEWS
Litigation and Dispute Resolution Update: Arbitration Bill, CPRC changes, cryptoasset enforcement, civil fraud, defamation, costs control, cross-border service, expert evidence (18 July 2024)

In this issue: Key DR Developments Court information Claims and remedies Costs and funding Cross-border disputes Evidence and disclosure Dates for your diary Useful information Daily and weekly news alerts Key DR Developments King’s Speech 2024 Key announcements: The Prime Minister’s Office has issued briefing notes on the King’s Speech 2024. They outline the Arbitration Bill, its territorial reach, and steps to implement the 2022 Law Commission’s recommendations on Arbitration Law. Commentary on the Bill’s inclusion is provided by Matthew Saunders, partner at Ashurst LLP, and Jason Raeburn, partner at Paul Hastings LLP—see: LNB News 17/07/2024 63—King’s Speech 2024—key Arbitration announcements. CPRC minutes June 2024 minutes of the CPR Committee meeting: The Civil Procedure Rule Committee met on 7 June 2024 in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference, covering several topics, including changes to CPR 25 (interim remedies and security for costs) and...

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NEWS
UK Supreme Court quashes LIBOR/EURIBOR convictions: trading advantage not determinative in law; no 'single cheapest rate' test; genuineness for the jury (R v Hayes; R v Palombo)

R v Hayes; R v Palombo [2025] UKSC 29 Background The appellants, Tom Hayes and Carlo Palombo, challenged their convictions for conspiracy to defraud, in August 2015 and March 2019 respectively. The allegation was that, together with others, they sought to influence crucial benchmark interest rates underpinning financial markets: for Mr Hayes, the London Inter‑bank Offered Rate (LIBOR); and for Mr Palombo, the Euro Inter‑bank Offered Rate (EURIBOR). A benchmark is an interest rate designed to mirror the prevailing cost of borrowing within a market, providing an indicative snapshot at a given moment. Such a rate serves as a reference for numerous transactions, among them financial derivatives and similar arrangements. Contributing banks were required to provide the rate at which that institution (for LIBOR) – or a prime bank (for EURIBOR) – could obtain funds at a particular time. The submissions were then averaged and trimmed to produce the figure released for that day, which served as the published benchmark...

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PRACTICE NOTES
Pricing structures in construction contracts: comparing lump sum, remeasurement, prime cost and target cost, with risk profiles and example JCT, NEC, FIDIC, ICC and IChemE forms

Construction contract pricing structures This Practice Note contrasts the pricing models most often used on construction projects, considering lump sum, remeasurement, prime cost and target cost contracts. Lump sum Also referred to as: Fixed price In brief: the contract sum is settled before any works begin. Features At the outset, employer and contractor agree the total amount payable for the project, prior to commencement. The price is not remeasured as the works proceed, so adequate tender information is essential for accurate pricing. Where the contractor is not responsible for design, pricing is typically based on drawings and: a bill of quantities prepared by a quantity surveyor in line with a published standard method of measurement, listing the work items, labour and materials needed to complete the works. During tendering, the contractor inserts rates against each item in the bills of quantities, and the product of the quantities...

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PRACTICE NOTES
JCT 2005 suite—searchable quick links to PDF reference copies, including 2007/2009 revisions, guides, sub-contracts, warranties and related forms

This document provides searchable quick links to PDF file versions of the JCT 2005 standard-form contracts...

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PRACTICE NOTES
Prime Cost and Cost-Reimbursable Construction Contracts: JCT PCC 2011–2024, NEC3/NEC4 Options E/F, and FIDIC/IChemE Green Books—overview, risk allocation, payment and alternatives

What is a prime cost contract? Put simply, where a deal is let on a ‘prime cost’ basis, the contractor recovers the expenditure it incurs in delivering the works — such as labour and materials (including those supplied by sub‑contractors) — plus a management fee on top to cover overheads and profit. This differs from the usual lump sum arrangement, under which the employer and contractor fix the total contract price payable to the contractor at the outset (subject to any clauses permitting adjustments as the works proceed) and the contractor bears the risk of any rise in the cost of the works. Management contracting is a common setting for prime costs in practice. The management contractor is remunerated with a fee for its services plus the prime costs it incurs in performing its functions. Those costs include amounts paid to the works contractors for the works they carry out. See Practice Note: Management contracting. A prime cost arrangement is generally viewed as equivalent to a ‘cost plus’...

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PRECEDENTS
Employer‑favouring Amendments to JCT Management Building Contract 2016 (England): Building Safety Act/HRB compliance, Dutyholder and CDM duties, BIM, warranties, insolvency updates, and litigation‑only dispute resolution

Schedule of amendments to the jct MANAGEMENT building contract 2016 This Contract consists of the completed and finalised Management Building Contract 2016 published by the JCT, to which the following changes apply: Recitals The Articles Article 2: [Article 2] [See drafting note] Article 6 – Principal Designer: After the words ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’. Article 7: After the words ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’. At the end, insert: ‘The Prime Cost and/or Management Fee includes the Management Contractor’s price for fulfilling the duties of Principal Contractor’. Article 11 – Arbitration: Delete Article 11 and instead provide: ‘All references to arbitration in this Contract are deleted.’ Article 13: Insert a new Article 13 [To be added on the face of the contract]: ‘Schedule of Amendments The Employer and the Management Contractor agree that the alterations contained in the Schedule of Amendments attached hereto (as initialled by...

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