Contract Management is a vast scope particularly in construction industry wherein a single contract normally finishes from months to years. Managing a contract in any construction project is a tedious task. All pertinent documents must be monitored, diligently recorded and filed before, during and after construction. Changes in construction as we know are inevitable but can be properly managed and controlled. Deviation from the contract, often called change order or variation order are changes brought about by the owner or changes due to site conditions, damages or weather. These changes may not directly affect the contract in terms of time and cost, but both parties must be knowledgeable as to how to control and protect the owner and contractor from any changes necessary in the construction and implementation of the project. In order to manage such changes or variation orders, proper guidelines must be followed.
Knowing and carefully reviewing the contract, following the proper variation procedure and constantly taking in to consideration the risks that may bring about if poor records of everyday activities particularly on change orders would be taxing if the Contractor claims.
Ms. Chona S. Salvahan made a study which objectives were to: (1) identify changes occurring in a residential apartment project. Identify the type, causation and resolution; and (2) identify proper procedure, develop methodology and documentation to control and manage variation or change orders. Identifying the type of change order will help formulate a procedure adapt to the variation.
Conclusion
Based on the case study, the residential apartment project garnered change order that were classified into five (5) categories such as:
1. Addendums – included additional packages outside the scope of the original contract and are entirely different work but necessary for the project.
2. Price Fluctuation – included price adjustments to construction materials used on site specifically on concrete, reinforcement bars, sand and cement used for structural works on site.
3. Variation due to Design Change – these changes may have resulted from design revisions, defects in drawings or contract documents and differing site conditions grouped into main building works and external works package.
4. Damages – were from re-works items or damages due to negligence of other contractors and sub-contractors.
5. Deductions or Omission – included items that were not installed on site and items that were cancelled and were redundant to the design
Variations that were considered under Extra Work are the three (3) Addendums to the contract. While variations directly requested by the Owner to improve serviceability and aesthetic of the building are considered Additional works. One example is the supply and installation aluminum louver to cover the condensing unit of air-conditioning in every apartment. This additional work is considered Directed Change because the instruction to change or add is from the project owner. Other variations resulted from factor that influence the change were considered constructive change as well as Price Fluctuation, Damages and Omissions were all under different situations during implementation of the project.
Factors that contributed to the change were clearly specified in this study. These events in the construction that caused changes generated even before the main building works started. Continuing to the construction, another set of variations emerge during implementation. At this stage, causes may have been different from the causes during the pre-construction stage. Towards completion of the project, changes still occur, seeing the defects and the need to add or enhance serviceability of the development. Current procedure is useful but can be developed to improve processing period and administer each changes lessening the probable effect to the whole project particularly on the cost.
Below are the suggested stages of processing procedure for better time table of change order settlement:
Validation – where entitlement is agreed and analyzing the effect of the change to project cost and schedule.
1. Evaluation – verifying and gathering data to substantiate the claim. It is also the time of determining the true cost of the variation order thru investigation, review of quantities and considerations in estimates. It is also at this time that both parties should concur and agree on quantity, measurement and total cost in order to save time and will only proceed to the next whenever disagreement on cost arises.
2. Negotiation – only and only if both parties cannot arrive into agreement on price, quantities, measurement or methods should resort to this step where the top management is involve in order settling amicably.
3. Final Approval – time when both parties are satisfied with the evaluation, change order is prepared for final documentation and approval.
Special concerns have to be met particularly of this project. Many of the units have already been sold and were committed to deliver to the tenant on specific dates. The project has no luxury of extending the time thru which in trying to satisfy the commitment of the Owner, the construction restrained the project from achieving a more quality and a more organized method in implementing the project. Change order management helped control the changes incurred during construction but not totally eliminate the potential changes. It may prevent these changes to accumulate and later when accumulated can become a bigger claim for the contractor which is more tedious, complicated and time consuming task to process.
Furthermore, prior to implementation and part of Change Order Management is the adding change clause in the contract, formulating variation procedure and setting or allocating time for settlement process. The deliberate inclusion of change clause is similarly important to control probable change order in a construction project. As observed, the other 3 main sources of change on site were the following:
Differing site conditions resulted from defects in the construction of substructure. The previously installed piles were displaced and because of this the foundation design has to be checked and revised. The owner was compelled to review and revise if necessary the whole structural building.
Defects in contract documents where a number of items were not in the drawings or specification but necessary to install or construct on site.
Owner direction or instructions where the rest of the variations were directed by the owner either thru modification of design drawings or changes had to be added for aesthetic reasons. A lot of variations were requested by the owner or unit buyers.
Recommendation
In order to manage Change Order, both parties should identify their right to vary, the Owner right to include change clause to protect their benefit. These change clauses must be anticipated during planning and before composition of the contract. Therefore a meticulous study of the drawings, site conditions and other factors that may affect arise change in the contract and construction. Clear definition of scope of work would minimize the risk of misinterpretation and misjudgment of the work. In a way, changes would be avoided and if items were not included in the contract, it can be easily identified and agreed on. More so, clear distinction of the methods and procedure to use in claiming variations and the authority issuing the VO. This will clearly guide the contractor on how, what and who to talk to in case a change would occur.
Her thesis abstract is copied and posted.
Abstract
Construction industry is often described as a volatile industry which can be true in implementing a project. Construction itself is more often unpredictable due to the different situations a project may face. Changes may occur in the preparation, during construction and even upon completion of the project. The veracity of inconsistent nature of construction, change management procedures must be considered to minimize the effects particularly to project cost, time schedule and overall quality of the project.
Recently, the high turn in of foreign investors and Vietnamese nationals living abroad inspired a number of Developers to venture in High End Apartments. The big challenge for the Vietnam Construction industry is to advance the management styles to cope up with challenges faced in a project. Procedures in managing contract and change orders are viewed to know the effectiveness and liability ensuing steps observed. Disruptions in cash flow and programme when mitigated and handled correctly may create confidence in handling changes that transpire in any project.
However, knowledge and skill in managing this challenging changes and observing effective procedures may eventually create a norm in Project Management system in the industry where tradition of strong relationship among Owner and Contract still prevails.
1 comment:
Thank you so much for sharing.........
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