Cases / Kommercielt og kontrakter
Kommercielt og kontrakter

Prissæt en ændring og aftal tidsfristforlængelsen

Giv besked om ændringen, mens den stadig er et faktum, prissæt den, som kontrakten siger, den skal prissættes, bevis forsinkelsen ud fra journaler taget på tidspunktet, vis den mod tidsplanen, og luk den som en ordre og en aftalt dato i stedet for som et krav til sidst.

6 trin20 minHovedentreprenørFagentreprenørOmkostnings- / mængderådgivningProjekt- / byggeledelsesfirma

Sådan fungerer det, trin for trin

6 trin gennem platformen - hvad du gør i hvert, og hvorfor det betyder noget.

1

Notice it while it is still a fact and not a claim

Ekstraarbejder

Raise the notice as soon as the change appears, addressed to the party the contract names, carrying the date it was raised and the date a response is due. Under NEC4 this is the compensation event notification; under JCT it is the notice that starts the extension of time running.

Hvorfor: Both forms make the notice the thing that preserves the entitlement, and NEC4 says so out loud: a compensation event not notified within eight weeks of the contractor becoming aware of it is generally not assessed at all. A notice raised on the day costs a minute; the same notice raised in the final account costs the entitlement.

InputInstruction or site eventDate you became awareResultatNotice issued and datedChange on the register
2

Price it the way the contract says to price it

Ekstraarbejder

Turn the notice into a variation request and price it: measured work at bill rates where the rates apply, pro rata where the character of the work is similar, and dayworks where neither fits. Record the effect on time alongside the effect on cost, because under NEC4 the two are assessed together.

Hvorfor: The valuation rules exist so that a change is priced the same way whoever prices it, and the disputes happen exactly where somebody skipped them. Dayworks in particular are worth what the signed sheets say and nothing more, so a daywork record agreed on the day beats a well argued rate three months later.

InputNotice issued and datedBill rates and dayworksResultatPriced variation requestCost and schedule effect
3

Assemble the records that prove it

Kravbeviser

Build the evidence pack out of what was already recorded: the diary entries for the days in question, the correspondence, the RFIs, the approvals and the earlier notices. The pack is ordered deterministically and carries a digest, so both sides can reproduce the same bundle.

Hvorfor: An entitlement is decided on contemporaneous records, and contemporaneous means written while it was happening by somebody who did not yet know it would matter. A pack drawn from the diary and the correspondence is that. A narrative written afterwards from memory reads as advocacy even when every word of it is true.

InputDiary entries for the periodCorrespondence and RFIsResultatEvidence packSources listed in order
4

Show the delay against the programme, not against the feeling

4D-tidsplan

Take the accepted programme and show what the event did to it: which activities moved, how much float was available to absorb it, and whether the completion date actually moved. That is the extension of time argument under JCT and the assessment of the compensation event under NEC4.

Hvorfor: Delay is a property of the critical path, and a job can lose three weeks on an activity that was never critical and still finish on time. Showing the effect on the programme separates an extension of time you are given from one you argue about, and it also tells you honestly when there is nothing here worth chasing.

InputAccepted programmeEvidence packResultatDelay shown on the programmeExtension of time claimed
5

Close it as an order, not as an open item

Ekstraarbejder

Convert the agreed request into a variation order carrying the final cost effect and the final effect on time, and record the extension of time decision with its cause: employer caused, neutral, contractor caused or concurrent.

Hvorfor: An open variation is a number two parties each remember differently. Closing it fixes both halves at once, and recording the cause of the delay is what stops the same fact being re-argued at the final account under a different name and a fresh set of adjectives.

InputPriced variation requestDelay shown on the programmeResultatVariation order issuedExtension of time granted
6

Carry it into the contract sum

Kontrakter

Post the variation order against the contract so the adjusted contract sum moves with it, and let the next interim valuation pick it up. The final account is then the running total rather than an exercise in reconciliation.

Hvorfor: A variation agreed but never posted is the commonest reason a final account comes as a surprise. Carrying each one into the contract sum as it is agreed keeps both parties working to the same number the whole way through, and turns the final account into a signature rather than a negotiation.

InputVariation order issuedContract sum before the changeResultatAdjusted contract sumNothing left open on this change
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The market this case is written for

Storbritannien

Everything in this case follows how construction work is measured, priced and paid for in this market. The forms, the cost breakdown and the payment rules are the ones used there, not a generic version of them.

Standards it follows

  • RICS NRM 1/2
  • JCT
  • CIS

You do not have to set any of that up by hand. The first time you open the platform it asks which market you work in. Choose this one and it sets the interface language, loads the matching cost database and records the cost classification, and it adds an example project you can open straight away.

The rule checks for this market come with the platform too. Switch them on once and an estimate that misses something the market expects is flagged while you are still working on it, not after the tender has gone out.

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