Document Template for a Contract Work Variation

Submitted by James Bertram on Thu, 07/29/2010 - 14:46

Current at: 10 October 2010 (A)

Why develop this Technical Document Template?

The intent of the As-Built Learning Exchange (ABLE) Common Practice protocol is to resource work practices that deliver affordability, compliance and performance gains.

This document provides a template for describing the offer made by the Builder when the Owner and/or Builder requests that a Variation to previously agreed Contract Work.

ABLE does not provide legal advice or opinion. This document is intended to promote enquiry and discussion with a suitably qualified legal practitioner.

Where, when, and who can use this Technical Document Template?

Document templates can only be used in Western Australia and only apply for the Building Code of Australia Volume 2 for Class 1 and 10 Buildings (BCA).

Building Professionals are granted Open Exchange Rights to use this resource to learn about better ways to work. Open Exchange Rights do not extend to any other use (distribution, business etc) until an Exchange Agreement has been entered into with ABLE.

Users accept the Conditions of Use that apply to all ABLE material.

How should this Technical Document Template be used?

Adapt and Then Adopt – just like the “beware of the dog” sign on the gate, better technical descriptions need to be approached carefully – they too can bite if not approached properly!

Document templates are intended to be reviewed and adapted to suit business compliance and workmanship choices before being adopted.

The Builder’s Offer – just as with Contract Work descriptions, the Variation document should describe the reasonable limits that apply to the Builder’s offer (terms and conditions nominated in a Variation should either be Contract defined, or declared in a Contract supplement).

Descriptive Format – suggested items include:

Building company – the company named in the Contract.
Variation identification – the “Date of issue” and building site location.
Owner(s) – the purchasing party(s) named in the Contract.
Conditions of offer – the Contract has precedence. Where the Contract uses a different term (days, work days etc) and/or lists different conditions (accepted variation costs, work by Owner indemnities, variation payment terms and the like) the intent is that either this template will be amended to suit the Contract, or a supplement will be added to the Contract to recognise the nominated Variation conditions of offer:
- Validity – how long the quote lasts, and any minimum cost.
- Life of the offer – the length of time allowed for the Owner to confirm their acceptance of the offer.
- Fully completed and unaltered – declaring each item accepted or rejected, and signing the offer.
- Additional work days – notice of a claim for an extension of time.
- Work by Owner – noting that Contract terms apply.
- Payment – noting that Contract terms apply.
Building Work Descriptions, Costs and Extra Time – an itemised list of:
- Building work descriptions – changes to nominated Addenda allowances and/or selections, references to drawings that show the extent of itemised work and/or “Scope-of-work” statements that reasonably limit the as-built outcome expectation.
- Cost – debit, credit or no cost (delete no cost if a minimum fee is charged).
- Additional days – an extension of time claim (If this “time cost: is not included in the offer accepted by the Owner it can be very difficult to validate associated end of job time overruns).
Owner(s) acceptance – acknowledgement by the Owner(s) that they accept the variation offer.
Builder confirmation – a record of when the fully completed and accepted offer was received.

What format options are available?

Click the link below to download the pdf version document.

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