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Thương mại và hợp đồng

Định giá một variation theo AS 4000

Xác lập có một direction trước khi ai đó thi công nó, duy trì hồ sơ chi phí trong khi công việc diễn ra, định giá theo thứ tự mà điều khoản 36 quy định, nộp yêu cầu trong thời hạn hợp đồng cho phép, đưa nó vào progress claim tiếp theo dù đã thống nhất hay chưa, và điều chỉnh giá trị hợp đồng.

6 bước16 phútNhà thầu chínhNhà thầu phụ chuyên ngànhCông ty tư vấn chi phí / QSCông ty quản lý dự án / thi công

Cách hoạt động, từng bước một

6 bước xuyên suốt nền tảng - bạn làm gì ở mỗi bước và vì sao điều đó quan trọng.

1

Establish there is a direction before it is built

Công việc phát sinh

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.

Tại sao: 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.

Đầu vàoInstruction or site requestContract scopeĐầu raVariation raised and datedDirected or awaiting a direction
2

Keep the record while the work is in front of you

Bằng chứng khiếu nại

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.

Tại sao: 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.

Đầu vàoWork as it is carried outLabour, plant and materials usedĐầu raDaywork records signedEvidence pack for the valuation
3

Value it in the order the clause sets

Bảng khối lượng

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.

Tại sao: 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.

Đầu vàoVariation raised and datedContract rates and pricesĐầu raVariation valuedWhich valuation route was used
4

Lodge the claim inside the time bar

Công việc phát sinh

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.

Tại sao: 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.

Đầu vàoVariation valuedTime the contract allowsĐầu raClaim lodged in timeDate of lodgement on record
5

Carry it into the progress claim, agreed or not

Tài chính

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.

Tại sao: 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.

Đầu vàoClaim lodged in timeCurrent claim periodĐầu raVariation in the progress claimDisputed amount visible
6

Adjust the contract sum and keep it running

Hợp đồng

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.

Tại sao: 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.

Đầu vàoAgreed or determined amountContract sum beforeĐầu raContract sum adjustedRunning final account
Mô-đun

Các mô-đun trong playbook này

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The market this case is written for

Úc

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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