Ökade kostnader i fastprisentreprenader till följd av onormala prisökningar på material

Sammanfattning: In recent years, the construction industry has faced unprecedented challenges related to abnormal price increases on building materials, which have not been experienced since the 1970s oil crisis. These price hikes have been caused by a various of factors, including the COVID-19 pandemic, war in Europe, trade sanctions and high energy prices. Consequently, fixed-price contracts face the risk of significant impairment losses due to higher costs. This situation has prompted a renewed interest in the application of AB 04/ABT 06 kap 6§ 3, a provision that allows for price adjustment of fixed-price contracts due to unforeseeable cost changes. However, there is a lack of legal doctrine regarding the interpretation this provision, except for a case dating back to the 1970s that addressed its precursor. As a result, stakeholder organizations arguing have varying perspectives on its implementation. Additionally, there are no established guidelines from stakeholder organizations or government authorities on how to calculate the cost change, which is the basis for price adjustment, in principle. While it is plausible to argue that Entreprenadindex, the primary tool for cost adjustment in building-contract agreements, should be utilized for calculating the cost change, a recent report by Konkurrensverket on the competition in the building materials industry has raised concerns about the reliability of the index. To address these relevant topics, this thesis aims to examine the impact of abnormal price increases on the building contractors’ finances, evaluate the reliability of Entreprenadindex as a cost change calculator in volatile pricing environments and identify solutions for price adjustment that can be implemented when invoking AB 04/ABT 06 kap. 6§ 3. The thesis employs a multiple case-study, examining three building projects from the perspective of a single building contractor. The study is divided into a quantitative and qualitative part. The quantitative part comprises two sections. The first section compares the cost outcomes with the calculated price for different cost items, while the second compares the cost changes with the development of Entreprenadindex, using a method inspired by a template produced by Riksrevisionsverket in the 1970s, which purpose at the time was aimed to facilitate the management of received price adjustment cases. The qualitative part consists of an interview with the CEO of the construction company, in which direct arguments from the building contractor and indirect arguments from the developer are gathered regarding negotiations related to AB 04/ABT 06 kap. 6§ 3. The findings of this study demonstrate that the building contractor’s financial margins were significantly reduced due to increased costs, despite none of the fixed-price projects being completed when the data was collected. The correlation between the development of Entreprenadindex and the cost changes was weak for all projects. Furthermore, the price adjustment negotiations played out differently across the analyzed projects, with different proposals being discussed in each of the projects. These three proposals included a real estate deal with an including contractor deal, where the purchase price would be reduced with the cost adjustment, a negotiation about implementing an additional agreement with cost adjustment through Entreprenadindex, and a summation of the alterations and additional work costs with the cost increases, which were then to be divided between the parties. In conclusion, due to higher cost of building materials, along with increasing interest rates, it is likely that the construction industry will experience a decline, leading to fewer job opportunities for building constructors. Risk management is likely to characterize the market as long as pricing remains volatile. The study contradicts recent criticism regarding Entreprenadindex, indicating that the index underestimates cost development. However, the reason for this is uncertain, and it may be due to faulty reported price information or design flaws in index, or it may be due to error sources in the gathered data or random circumstances. Since there is no legal doctrine regarding the implementation of AB 04/ABT 06 kap. 6§ 3, it is not surprising that the negotiations were diverse, with each party advocating financially advantageous solutions. Despite only analyzing three building projects, the study provides valuable information about the financial impact of abnormal pricing of materials and relevant perspectives on the ongoing price adjustment debate.