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
controled 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.