12、收到业主变更指令，应该进行哪些工作。办理变更索赔的依据是什么？变更索赔中的清单单价

如何确定？

12. When receiving the variation instructions form client, what is the basis for processing a variation claim?
How do you determine the unit price of Quotation?

Construction contracts usually contain specific procedures for claiming a variation- which if not followed,
can result in your entitlement to claim being lost. The following are the basis for processing a variation
claim; these are:

1. Characterize the nature of your entitlement.

The first step is to identify whether the change in scope is in fact a ‘variation’ within the meaning of the
contract.

When a contract refers to a ‘variation’, it typically means a change in scope that has been directed by the
principal or superintendent.

Depending on the terms of your contract, there are a number of other events that could rise to an
entitlement to claim an Extension of time (EOT) or an adjustment to the contract price. (Latent conditions,
discrepancies between design documents or changes in legislative requirements are examples). Although
these might be a variation, they might not be a variation for the purposes of the contact. This distinction
can be critical because there might be different procedures for claiming different types of entitlement.

2. Check the Contract

Once you have determined the nature of your entitlement (and therefore the type of claim you need to
make), you will need to look to the relevant clauses of the contract to see what is required.

It is important to consider all the relevant clauses, noting that there may be more than one that applies to
your situation. For example, if you have been directed to perform a true ‘variation’ you will mostly likely
need to consider the clauses in your contract that deal with variations, EOTs and delay costs (potential 3
separate provisions). Often you will be required to submit more than one notice in respect of the same
entitlement.

If your contract included time bars, you will need to comply with all relevant timeframes. Otherwise you
could potentially lose your entitlement to some or your entire claim.

3. Notify the client

The best way to avoid dispute is to maintain transparency throughout the project. Many contracts will
expressly require you to notify the superintendent or principal as soon as you become aware of anything
that might constitute a variation including a direction received from the superintendent or principal, even if
it is not stated to be a variation).

This applies even where you might not have all of the information to provide the complete picture.
Particularly where your contract contains time bars, a failure to provide a notice at all can put you in a
much worse position than submitting a notice which is qualified to reflect a lack of relevant information.
Before sending any notice, you should again check your contact to confirm:

a. Who the notice must be sent to;

b. What needs to be included in the notice, and the level of detail that is required;

c. How the notice needs to be sent (email, Aconex, fax, etc); and

d. To whom the notice needs to be sent.

4. Prepare your detailed costings and other substantiating information.

You must be able to substantiate your claim. The type and level of information that will be required to
achieve this will depend on the nature of the work and the amount of time and cost involved.

If you are submitting a claim for an EOT, you will need to be able to demonstrate that the variation affects
an item on the critical path of the current construction program. An imparted program, based on an
accurate baseline program, is typically the best (and sometimes the only) way to demonstrate this.

Where you are claiming an EOT, the contract may require you to explain the steps you have taken to
minimize or mitigate it. Even this is not a requirement under the contract, including this additional
information in your claim may improve your chances of success.

5. Wait for a direction to proceed before starting work.

Before commencing work on variation, and subject to the terms of your contract, you should wait to
receive a written direction to proceed from the superintendent or principal. It is critical that this direction is
given after you have given them written notice of the time and cost that will be involved.

The idea is to ensure there is a clear paper trail to demonstrate that, when they directed to proceed with
the work, they were on notice (in writing) of the potential time and cost implications of the direction. Most
contracts will require a direction to proceed with a variation to be in writing, and will place the contractor
in breach of the contract if it proceeds with a variation without a written direction.

If you proceed with the works without a written direction, you run a much greater risk of not being paid.

6. Perform the Work and Claim payment (and an EOT if needed).

Once you have completed the work, you should claim payment for it. If your variation involves a delay,
make sure you have followed the process for claiming an EOT and any delay costs (if applicable). Once the
work has been done, from a legal prospective, there is nothing to prevent you from including the claim in
your monthly payment claim.

B) Unit price of a quotation is determined by dividing the total length per unit rate
Or Divide the total manufacturing costs by the number of items produced to arrive at the production cost
per unit.

Question 13 and 14 on Excel Sheet

15、假设你是一个项目经理，项目运行过程中，由于业主未按照合同约定及时付款，导致工程工期
拖延，同时部分材料涨价严重，请你给业主写一份正式信函，说明此事。

项目名称：Region Oil company office 项目经理：Mr. Tytuo

15. If you are a project manager of contractor. During the operation of the project, because the client did
not given progress payment in time according to the contract, it lead to delays in the construction period
and serious price increase of some materials, please write an official letter to the client to explain the
matter.

Project Name: Region Oil company office Project Manager: Mr. Tytuo

Region Oil Company Limited,

Post Office Box 432,

Accra, Ghana.

19th December, 2018

Managing Director

Ghana Water Company Limited,

Post Office Box M 194,

Accra, Ghana.

Dear Sir,

CONSTRUCTION OF A 6-STOREY RESIDENTIAL APARTMENT BUILDINGS & ASSOCIATED WORKS AT SITE 2,

PANKRONO, KUMASI-GHANA (PHASE 1)

SUBJECT: DELAY FOR THE CONSTRUCTION PERIOD

We are continuing to pursue the completion of our work as rapidly as is reasonably possible under the
current circumstances. We have, however, recently encountered certain delays to our performance
through no fault of our own and that are beyond our control. As you know, the contract we both have
signed requires that we furnish to you written notice of such delays. We have continued to keep your field
representatives informed of the delay of progress payment and of the effect, the overall job completion.
You may assure that we will seek diligently to minimize as best we can the effect of the delay on our work.

Specifically, we have been delayed in payment not in time, which has led to serious price increase of some
materials.

We do hereby write to seek your understanding and any legal obligation to sort out the problem.

It is now up to you to salvage our belied expectations and I hope this provide you with sufficient
information.

Thank you.

Yours sincerely,

Tytuo Fosu

Project Manager

16、如果你是一个项目工程师，项目合同图纸没有电子版，只有一套打印版图纸，但是施工过程中
，业主下发了大量的变更指令，请问你如何管理这些指令，才能保证施工过程中每个变更指令都得
到了有效的执行。

16. If you are a site engineer, there is no electronic version of the project contract drawing, only a set of
printed version drawings, but during the construction process, the client issued a large number of variation
instruction. How do you manage these instructions to ensure that each item will be effectively executed?

Variations are valued by adding the cost of the extra work, plus a margin, and subtracting the contractual
value of the work taken out of the Contract. The actual cost of the added work can often be greater than
the contractual value of the work taken out of the Contract. There may also be associated costs for rework,
delays and disruption.

Variations for the convenience of the client cannot be instructed unless adequate funds are available and
have been approved. The funds must be sufficient to cover all costs associated with the variation, including
all the Contractor’s costs and associated fees and charges.
And again, for Unavoidable variations

Action must be taken promptly to authorise an unavoidable variation so that issuing the instruction does
not delay the Contractor.

If the Principal’s representative is an officer of the public service, the client may either authorise that officer
to approve unavoidable variations or establish a procedure that ensures a quick response to requests for
approval of such variations.

The following principles will be applied to all:

I have to instruct a variation only within the general scope of the Contract, unless the Contractor
agrees otherwise

Again, an instruction will be taken only from the Principal’s representative

the instruction must be in writing

As the site engineer, before instructing a variation, unless the instruction is required urgently in
order for the work to proceed, I will advise the cost and time impacts of the proposed variation.

Where possible, I will instruct a variation only after the full cost and time implications have been
evaluated and agreed in writing with the Contractor (the instruction will constitute approval to the
cost and time impacts agreed with the Contractor)

I will not alter a Contractor’s written quotation without the agreement of the Contractor.
If there is a change agreed, it will be preferable to have the Contractor submit a revised quotation.
Alternatively, if verbal agreement is reached, I will confirm that agreement in writing

I will include in the instruction a brief description of the variation work and a requirement that the
work is to be undertaken in accordance with the identified instruction, the Contract Documents,
drawings or any other document referred to in the instruction. It will be sufficient for the
instruction to give only a short summary of the variation if reference is made to other documents
describing the agreement in detail.
 I will instruct a variation only if it is within the authority delegated by the client and sufficient funds
have been confirmed as available

if agreement to cost and time cannot be reached before the commencement of an unavoidable
variation, I will attempt to reach agreement at the earliest possible time

If an agreement cannot be reached on a variation that is not unavoidable, I will consider whether it
may be preferable to defer the change to the Works to a later date so it can be more economically
done by others.

I will not instruct a variation after Completion unless the variation is for the purpose of dealing with
defects.

17、假定你是MEP部门负责人，你准备如何做好本部门的工作？

17. Suppose that you are the head of the MEP department. How are you prepared to do the work of this
department?

Head of MEP should promote the application of the Building Services Department Management Systems
and Procedures providing technical support, guidance and direction in overall Delivery of Projects.

1. I have to manage large scale and complex MEP related projects.

2. Have a good understanding and dynamics of the MEP supply chain market in which the company relates.

3. Have a professional competence through operational involvement in all phases of large complex projects
from estimating, pre-construction, and installation, commissioning, Demonstration and Handover.

4. I should be able to demonstrate technical, effective and interpersonal and commercial skills necessary to
deliver large/ multiple MEP Projects.

5. I should be able to understand policies and live energy practices and have positive safety values and
behaviours.
6. Again, should have articulate/ strong communication skills, motivate and inspire Building services staff
reporting to them and take responsibility for MEP project delivery as part of the overall project team.

7. Should have strong Organisational skills taking a methodical and Proactive approach.

8. Support the planning for key Building Services resources to manage delivery of projects.

9. Ensure Electrical requirements for projects including load and energy assessments are in line with the
Management system guidelines.

10. Support the tender and award of MEP packages in accordance with the required contract PRE-
CONSTRCUTION and procurement strategy, and objectives.

11. Support all aspects of the Tender and Bid for the MEP Technical and Commercial strategy that is carried
out in accordance with the companies Pre Construction Manual Procedures.

12. Support the Building services ‘Value Proposition’ and its alignment with the Business units and
Companies Vision, values and ambition objectives.