Last edited 05 Apr 2019

Abortive work in building design and construction

Abortive work.jpg

Abortive work (or abortive costs or abortive fees) refers to work that has been started or carried out, but is not needed, or is no longer needed, and will not form part of the final development. The work will be wasted.

Abortive work can occur at any stage of a project, relating to the tender process, the work of consultants or construction.

Abortive work can arise because of:

  • Cancellation of a project or an element of a project.
  • Failed or abortive tendering.
  • A change of circumstances (for example a change in legislative requirements).
  • Clarification of circumstances (for example the opening up of existing works, or below ground works).
  • Refusal of planning permission or other approvals.
  • Changes in requirements, such as budget, location, size and technical requirements.
  • The work carried out was unauthorised.
  • The work was not properly authorised.
  • Mistakes or misunderstandings.
  • Clashes resulting from poor co-ordination.
  • Design changes during manufacture or construction.
  • Changes required once the completed works have been seen.
  • Procurement of redundant goods, materials, plant or personnel.

The occurrence of abortive work can be reduced by:

Where abortive work is carried out, the cost of those works will be allocated depending on the wording of the contract.

Very broadly, the costs may be borne by the client if the conditions set out in the contract have been met (sometimes referred to as abortive terms), if the client has accepted the risk for unknown items (such as ground conditions) or if there has been a breach of contract by the client.

Where a change has been instructed by the client in accordance with the contract that might result in abortive work, this may give rise to additions or deductions from the contract sum and may also (but not necessarily) require adjustment of the completion date.

Where the consultant or contractor has carried out unauthorised or non-compliant work, or they have accepted the risk for unknown items, they may bear the cost of abortive work.

[edit] Related articles on Designing Buildings Wiki

[edit] External references

  • Herbert Smith Freehills, Claims arising from delays and scope changes. 2013.