Civil Engineering Reference
In-Depth Information
or the QS to include the cost of any disruption to or prolongation of both
varied and unvaried work in the valuation of an instruction.
Alternative systems of arriving at the value of a VI are prescribed by
clause 42(1):
. Acceptance of a lump sum quotation; or
. Valuation of the variation.
Where the PM has required a quotation, the quotation must show how it has
been calculated, but the calculation apparently need not be very detailed.
All that is required is that it shows the direct cost of compliance and the cost
(not described as 'direct') of any disruption or prolongation consequential to
compliance. However, although that may simply amount to two lump sum
figures, the contractor is obliged to include sufficient other information to
enable the QS to 'evaluate' the quotation. Evaluation involves ascertaining
an amount
613
while to value is to estimate a value or to appraise
614
. It seems,
therefore, that the QS's duty is more onerous when a quotation has been
required and that is precisely right of course. Clause 42(3) allows 21 days
from receipt for the PM to notify the contractor whether or not a quotation is
accepted. If the QS is not prepared to agree the contractor's quotation, the
QS may negotiate and agree some other figure. Clause 42(4) makes clear that
if either the contractor fails to provide the lump sum quotation or the parties
fail to agree, the PM must instruct the QS to proceed to value the VI. It
appears, however, that clause 42(1) gives the QS the option of accepting a
quotation or valuing the variation as though no quotation had been given.
The principles of valuation of variations are very similar to those under
the JCT contracts as explained in Chapter 13. Clause 42(5) states that where
the QS is required to value a VI, he must do so in accordance with the
following rules:
(1) By measurement and valuation at the rates and prices for similar work
in the bills of quantities.
(2) If it is not possible to value by measurement and valuation, at rates and
prices deduced therefrom
(3) By measurement and valuation at fair rates and prices if it is not possible
to value by the rates and prices for similar work
(4) Where it is not possible to value alterations or additions by any of the
foregoing methods, then it must be valued by value of materials used
and the plant and labour used following the basis of charge for daywork
in the contract. Clause 42(12) deals with the contractor's obligation to
produce vouchers, but there is no obligation for the QS formally to
verify the vouchers.
Where a VI results in a saving to the contractor, the saving must be passed
on to the authority to the amount determined by the QS. It is clear that the
QS is given considerable discretion. In the case of a variation which would
normally be valued in accordance with options (1) or (2) above, clause 42(11)
613
Oxford English Dictionary
.
614
Oxford English Dictionary
.
