INTERIM PAYMENT & VARIATION ORDER MANAGEMENT FOR  HIGH-RISE BUILDING PROJECT

A CASE STUDY OF INDOCHINA PLAZA PROJECT.

by

Trinh Vuong Duy

Abstract

In recent years, construction industry in Viet Nam is booming. Both Government and private sectors develop many projects in infrastructure and new cities. Especially, high rise buildings become attractive to many developers because of high profit and saving land asset.

In general, to deliver a project, one of the most important parts of process is contract management. A good contract must cover most of the significant cases that potentially happen during process of construction to prevent from disputation. Nevertheless, in the real life, people who control contract management have not got enough experiences to foresee matters may arise in the future. A regular error of contract is the lack of specifications. That will support contractors to apply low quality materials in to project. Above reasons are only examples of insufficient contracts, besides, there are many reasons that cause the contract fail.

The report analyzes to find problems in contract of Project Indochina Plaza Ha Noi, but focus on payment & variation issues. Then report will recommend solutions for specific cases. The report can help the owner to improve contract management of the project, or apply it for other projects.

Executive summary  

Rationale of research

This research has been conducted to indentify the problems of payment and variation in the construction projects and the problems with owner and contractor regarding payment and variation.

Objectives of study

To identify frequent problems, causes in payment and variation in construction projects.  Suggest frame work for payment & variation for improving situation of practice in construction.

Methodology

The exploratory research method is used to study frame work of payment & variation in construction project, application of frame into Indochaina project to identify problems to adjust in contract and to propose suitable solution for future projects.

Findings and conclusion

Contract management being important step in the construction as it control cost of project and rules and regulation regarding cost.

The big issue in construction works is delay of payment which actually is supposed to pay each month to cover expenses and due to this contractor always claim higher then what he did, causes dispute.

The representative of owner intentionally drives design at initial stage to cause variation order at the end to benefit him. Project cost overrun mainly comes from this issue.

Recommendations

The recommendations are divided into groups according to area specific

1.      Payment frame work  

·         What amounts will be paid under payment terms.

·         When a payment will be assessed in contract term.

·         How percentage work done will be defined.

·         What information need to be defined between two parties.

·         Ownership of material should be proven to transferring to owner, to pay for offsite material.

·         Owner has right to access to inspect or collect offsite material.

·         A full refund for the value of materials and components will belong to owner before they move to contractor’s factory.

·         A full refund for the value of any work off site on these materials and components will belong to owner after ownership of those are transferred to contractor.

 ·         The contractor has to buy insurance for materials or goods offsite that used for the owner’s project.

 ·         The amount supposed to be withhold and the basic for withholding payment.

 ·         The notice shall be informed to the contractor before the final date for payment.

  ·      The contractor can suspend work with 7 days notice with reason for suspension.

  ·      The contractor only can suspend the work that is not being paid, but not all the work.

  ·      The contractor shall provided time extension for any delay caused by performance pending, or compensated a reasonable cost by the suspension.

2.      Variation order frame work

To mitigate variations arise in construction project & dispute between parties these issues need to be controlled in Design Stage & Construction Stage.

·         Design stage

The owner is major cause because in variation order sometimes due to lake of experience, for aesthetic appearance and to use cheaper material, so there is need of accurate estimation for financial plan & cash flow will required to reduce issue and review of contract document especially drawings should be clear from ambiguity so that contractor should not take advantage from it.

·         Construction stage

finalize quantity and confirm that is variation or not. So site investigation of variation is

In some cases, the consultant can not assess quantity based on drawing, or doubt on

Need of variation order assessment procedure to be cleared and agreed by parties at initial stage of project to reduce problems, variation orders that involve change in original price will be approved in writing by owner before execution of work.

Owner should hire project management consultant to negotiate rates in variation orders professional team can help in negotiating to minimize negative impacts of variation

 reducing the cost.

the   variation submitted by contractor. He can physical check with the contractor to

The main dispute that occurs is different assessment of work; contractor should explain the procedure of work, expenses of work, material and labor etc.

very important, it would help consultant to assess accurately the variation order.