Civil Engineering Reference
In-Depth Information
Valuation of 'obligations and restrictions'
Clause 13.5.7 (apart from the reference to 'liabilities directly associated with
a Variation' already dealt with above) must relate to the valuation of
obligations or restrictions imposed by the employer or variations to obliga-
tions or restrictions already imposed in the contract bills as defined in clause
13.1.2. That is because the valuation of variations in the work to be executed
under the contract or of work to be executed against provisional sums is
comprehensively covered by clauses 13.5.1 to 13.5.5.
The clause requires the quantity surveyor to make a fair valuation of such
variations; but this is subject to the proviso regarding the exclusion from the
quantity surveyor's valuation of any effect of the variation upon the regular
progress of the works or of any direct loss and/or expense reimbursed to
the contractor under any other provision of the contract. It is difficult to
envisage what would remain to be valued in respect of such a variation
other than its effect upon the regular progress of the works; what other
financial effect could it have? The quantity surveyor's function in respect of
such variations would therefore seem to be very limited or even
non-existent.
There seems to be one very unfortunate and no doubt unintended effect of
the proviso, and that is that, on a strict reading of its wording, it prevents the
valuation of the effect of the removal of obligations or restrictions. The
clause prevents allowance being made for any effect upon the regular
progress of the works - including any possible improvement in progress
resulting from the removal of an obligation or restriction except to the extent
that it discounts the contractor's entitlement until clause 26. So far as
extension of time is concerned, the architect can take account of such
removal under clause 25.3.2.
Rights of the contractor in respect of valuation
If the contractor does not avail himself of the opportunity to submit his price
statement under alternative A and the architect does not require a quotation
under clause 13A then, subject to any agreement to the contrary between the
employer and the contractor, the valuation of variations is solely the func-
tion of the quantity surveyor. The contractor has no contractual right to be
consulted, no more than has the employer or the architect. The contractor
has only one right, under clause 13.6, that of being given the opportunity of
being present at the time of any measurement and of taking such notes and
measurements as he may require. In theory, therefore, the situation is that
the quantity surveyor may simply notify the contractor of his intention to
take measurements, but if the contractor has a prior appointment the quan-
tity surveyor, having given him the opportunity of being present, may
safely proceed without him. When actually valuing the results of such
measurement the quantity surveyor has no obligation to consult the con-
tractor at all, but may proceed without him and at the end of the contract, as
