VARYPRO

Prime cost item vs provisional sum

An allowance for an item, or an estimate for work, and what each state's Act says about each.

A prime cost item is an allowance for an item, such as a fixture or fitting not yet chosen or priced; a provisional sum is an estimate for work whose cost the builder can't state when the contract is signed, after making reasonable inquiries. Victoria (section 3), Queensland (Schedule 1B, sections 1 and 10) and Tasmania (sections 3 and 7) define both. Either way, the price moves with the actual cost under the contract's clause on allowances, and in Victoria that adjustment sits outside the Act's variation sections (sections 37(5) and 38(8)).

Not legal advice — your contract's own variation clause matters too.

What each state's law says about them

Each row is a point the law can deal with and each column a state or territory. Where the law says something, the cell names the section; where the Act, searched in full, says nothing, the cell says so.

What each state's law says about prime cost items and provisional sums. Each Act and its regulations searched in full at the official legislation sites on 07/10/2026; the ACT and Northern Territory regulations were not read.
The pointNSWVICQLDWASATASACTNT
Defines a prime cost itemThe Act says nothing on thisDefined (section 3)Defined (Schedule 1B, section 1)Not in the Act; the prescribed notice to owners explains itNot in the Act; the prescribed notice to owners explains itDefined (section 3)The Act says nothing on thisThe Act says nothing on this
Defines a provisional sumThe Act says nothing on thisDefined (section 3)Defined (Schedule 1B, section 10)Not in the Act; the prescribed notice to owners explains itNot in the Act; the prescribed notice to owners explains itDefined (section 7)The Act says nothing on thisThe Act says nothing on this
The duty on the amountThe Act says nothing on thisA warranty on provisional sums, and an offence to put either in below the reasonable cost (35 penalty units) (sections 20 and 21)A warranty that the amount was calculated with reasonable care and skill (Schedule 1B, section 26)An offence to state either below the least it could reasonably cost, $10 000 (section 12)The notice: provisional sums must be "fair and reasonable estimates"A warranty that the amount was calculated with reasonable care and skill (section 30)The Act says nothing on thisThe Act says nothing on this
What the contract must set outOnly the general warning next to the price, where the price may be varied (section 7(5))A schedule for each item or sum: a description, a cost breakdown with quantities and unit cost, and how any excess charge is worked out; 50 penalty units (section 22)The Act says nothing on thisThe Act says nothing on thisThe notice: "THIS PRICE MAY CHANGE" or "ESTIMATE ONLY" next to a price that may changeThe Act says nothing on thisThe Act says nothing on thisThe Act says nothing on this
Invoices to the ownerThe Act says nothing on thisA copy of any invoice or receipt, as soon as practicable; 20 penalty units (section 23)The Act says nothing on thisThe Act says nothing on thisThe Act says nothing on thisThe Act says nothing on thisThe Act says nothing on thisThe Act says nothing on this
Is an adjustment a variation?The Act says nothing on thisNo: the variation sections don't apply to terms dealing with them (sections 37(5) and 38(8))The Act says nothing on thisThe Act says nothing on thisThe Act says nothing on thisThe Act says nothing on thisThe Act says nothing on thisThe Act says nothing on this
A margin on an overrunThe Act says nothing on thisThe contract must say how any excess amount is worked out (section 22(a)(iii))The Act says nothing on thisThe Act says nothing on thisThe notice: "plus a surcharge, which may be up to 15% of the cost of the item"The Act says nothing on thisThe Act says nothing on thisThe Act says nothing on this

Telling them apart

The test is whether the allowance is for a thing or for work. Western Australia's prescribed notice to owners gives bathroom tiles as a prime cost example and site works as a provisional sum. South Australia's notice calls the estimated figure for work a provisional sum, and says provisional sums must be "fair and reasonable estimates" in the circumstances.

What Victoria asks the contract to show

Victoria is the only state that sets out what the contract has to contain for them: a separate schedule for each item or sum, with a detailed description, a breakdown of the cost estimate showing at least the estimated quantities and the unit cost, and how any amount charged above the actual increase is worked out (section 22). The builder also has to give the owner a copy of any invoice or receipt that shows the cost (section 23).

When the actual cost comes in

An item that costs more than its allowance adds the difference to the contract price, and one that costs less takes it off. The PC sum page works the difference out from your own figures, with GST and the change to the contract price, and the form puts it in writing for both parties to sign.

Sources

  1. Home Building Act 1989 (NSW): section 7(5). Read 07/10/2026.
  2. Domestic Building Contracts Act 1995 (Vic): sections 3, 20, 21, 22, 22(a), 23, 37(5), 38(8). Read 07/10/2026 and 08/10/2026.
  3. Queensland Building and Construction Commission Act 1991 (Qld): Schedule 1B, sections 1, 10, 26. Read 07/10/2026.
  4. Home Building Contracts Act 1991 (WA): section 12. Read 07/10/2026.
  5. Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas): sections 3, 7, 30. Read 07/10/2026.
  6. Home Building Contracts Regulations 1992 (WA). Read 07/10/2026.
  7. Building Work Contractors Regulations 2026 (SA). Read 07/10/2026.

Fill in the variation

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See a signed example (PDF)A fictional job, signed by both parties.

Fill in a variation