케이스 / 상업 및 계약
상업 및 계약

AS 4000에 따라 variation 산정하기

누군가 시공하기 전에 direction이 존재함을 확인하고, work가 진행되는 동안 비용 기록을 유지하고, 조항 36이 정한 순서로 평가하고, 계약이 허용하는 기간 안에 claim을 제출하고, 합의 여부와 무관하게 다음 progress claim에 반영하고, 계약금액을 조정한다.

6단계16 분종합건설사전문건설사원가 컨설팅 / 적산 업체PM/CM 업체

작동 방식, 단계별로

플랫폼 전반에 걸친 6단계 - 각 단계에서 무엇을 하는지, 그리고 왜 중요한지.

1

Establish there is a direction before it is built

변경 지시

Raise the variation the day the change appears, with the date, who asked, what changed and whether a written direction from the Superintendent exists yet. Where it does not, ask for one and record that you asked, in writing, before the work starts.

이유: Clause 36 makes the Superintendent's direction the thing that turns extra work into a variation, and an architect or a client representative walking the site is usually neither the Superintendent nor authorised to direct one. Work built on a conversation is work you are asking to be paid for as a favour, and the answer arrives after it is already in the building.

입력Instruction or site requestContract scope결과Variation raised and datedDirected or awaiting a direction
2

Keep the record while the work is in front of you

클레임 증거

Collect the daily labour, plant and material records for the varied work as it happens, have them signed on site by the Superintendent's representative where the contract asks for that, and attach the photographs and the delivery dockets to the same entry.

이유: Every valuation route in clause 36 except an agreed price ends up resting on what the work actually took. Records signed at the time settle that in a sentence; records assembled afterwards start a second argument about whether the record is true, and that one is lost even when the claim is good.

입력Work as it is carried outLabour, plant and materials used결과Daywork records signedEvidence pack for the valuation
3

Value it in the order the clause sets

내역서

Work down clause 36 in order rather than jumping to the answer you want. A price the parties have already agreed governs; failing that, the rates and prices in the contract, applied to the varied quantity; failing that, rates in the contract used as a basis where the work is comparable; and only where none of those reach it, reasonable rates and prices. Record which route the valuation used and why the ones above it did not apply.

이유: Naming the route is what makes the number reviewable. A valuation that simply arrives at a figure invites the Superintendent to arrive at a different one, and there is then nothing in dispute except two opinions. A valuation that says which limb of the clause it used and why the earlier limbs did not fit can be disagreed with on a point, and points get resolved.

입력Variation raised and datedContract rates and prices결과Variation valuedWhich valuation route was used
4

Lodge the claim inside the time bar

변경 지시

Serve the claim in the form and inside the period the contract requires, and record the date it went. AS 4000 puts a notification requirement around claims other than progress claims in clause 41, and the Annexure may shorten the period further, so read the Annexure rather than assuming the printed default.

이유: A time bar does not care whether the claim was good. It is the one defence a principal can run without engaging with the merits at all, and it succeeds on a date rather than on an argument. The claim that is worth the most is usually the one that took the longest to price, which is exactly the one that misses the window.

입력Variation valuedTime the contract allows결과Claim lodged in timeDate of lodgement on record
5

Carry it into the progress claim, agreed or not

재무

Include the valued variation in the next progress claim as its own line, showing what you claim and what has been certified, so an amount in dispute is a visible difference on one line rather than a shortfall on the total.

이유: A variation held back until it is agreed is a variation that is never claimed and never certified, and the money sits with the contractor for the length of the job. Claiming it keeps it on the record, keeps it inside the payment machinery the contract and the state statute provide, and makes the disagreement about one line instead of the month.

입력Claim lodged in timeCurrent claim period결과Variation in the progress claimDisputed amount visible
6

Adjust the contract sum and keep it running

계약

Post the agreed or determined amount against the contract so the contract sum moves as each variation closes, and keep the list of open variations with what each one is claimed at beside it.

이유: A final account is either a running total that both parties have been reading all along or an event, and the event version takes months. Every variation closed as it happened is one fewer item in a negotiation held at the point where the contractor most needs the money and has the least leverage.

입력Agreed or determined amountContract sum before결과Contract sum adjustedRunning final account
모듈

이 플레이북의 모듈

플랫폼 190개 모듈 중 5

The market this case is written for

오스트레일리아

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

  • AS 4000
  • Security of Payment Act

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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