케이스 / 상업 및 계약
상업 및 계약

대금 분쟁을 adjudication으로 회부

무엇이 통지되었고 무엇이 통지되지 않았는지 확인하고, 양측이 재현할 수 있는 하나의 자료 묶음으로 동시대 기록을 모으고, 계약이 지정한 곳에 통지를 송달하고, 이에 딸린 모든 것과 함께 회부를 제출하고, 결정을 현장으로 되돌립니다.

5단계15 분종합건설사전문건설사원가 컨설팅 / 적산 업체

작동 방식, 단계별로

플랫폼 전반에 걸친 5단계 - 각 단계에서 무엇을 하는지, 그리고 왜 중요한지.

1

Establish what was notified and what was not

지급 시계

Read the clock for the application in dispute: the dates, the notices actually served, the ones that were missed or served out of time, and the sum the module derives as notified. Take the derivation as it is printed rather than paraphrasing it into a sentence.

이유: Most British payment disputes are decided on the sequence rather than on the valuation. Whether a payment notice was served, whether a pay less notice stated its basis and whether either was in time will usually settle the sum before anybody looks at the work, so this is the cheapest thing to get right and the most expensive to get wrong.

입력Payment application and noticesStatutory dates결과Notified sum, with its derivationNotices missed or out of time
2

Assemble one pack both sides can reproduce

클레임 증거

Build the evidence pack from the source records: the notices, the correspondence, the RFIs, the approvals, the variation records and any delay analysis. The ordering is deterministic and the pack carries a content digest, so feeding the same records in a different order produces the same bundle.

이유: An adjudicator reads a great deal of paper in a short time, and an ordered pack is read differently from a folder of attachments. A digest also means the other side cannot end up holding a slightly different bundle from the one the adjudicator has, which is a dispute nobody needs inside a dispute.

입력Notices, letters and RFIsDiary and progress records결과Evidence packSources in a fixed order
3

Serve the notice where the contract says to serve it

서신

Issue the notice of adjudication through the correspondence register: to the right party, at the address the contract gives for service, stating the nature of the dispute, what is claimed and the redress sought. The register keeps the date and the method of service with it.

이유: Service is where an otherwise good referral dies. A notice sent to the wrong entity inside a group, or to an email address the contract does not recognise, can be challenged on jurisdiction before anybody looks at the merits, and the seven days to the referral do not pause while that gets sorted out.

입력Evidence packContract service provisions결과Notice of adjudication servedDate and method of service on record
4

File the referral and everything that follows it

문서

Put the referral and its annexes into the project files as one versioned, dated set alongside the notice. The response, the reply and the decision go into the same place as they arrive rather than into whoever happened to receive them.

이유: An adjudication produces a lot of documents in twenty eight days, across several people, usually while the job is still running. Keeping them in the project rather than in one mailbox is what lets the next stage, whether that is enforcement, a second adjudication or a settlement, start from the record instead of from a reconstruction.

입력Referral document and annexesNotice of adjudication served결과One filed set of the disputeResponses filed as they arrive
5

Put the decision back into the job

보고서

Record the decision and what it changed: the sum payable, the date it is payable by, and any effect on the programme. An adjudicator's decision binds the parties until the dispute is finally determined, so it is the number the job works to from that day.

이유: The commonest failure after an adjudication is that the decision stays with the commercial team while the valuations carry on exactly as before. Reporting the outcome into the project is what makes the decision operate, and it also leaves the next job an honest record of what a dispute of this kind cost in time and attention.

입력Decision and its dateSum payable결과Outcome reported to the projectValuations follow the decision
모듈

이 플레이북의 모듈

플랫폼 190개 모듈 중 5

The market this case is written for

영국

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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