03 interim valuations

Upload: joanne-tan

Post on 02-Mar-2016

502 views

Category:

Documents


2 download

DESCRIPTION

Interim Valuation

TRANSCRIPT

  • UEBQ4724 UEBQ4724

    Professional Practice IIProfessional Practice II

    LECTURE 3LECTURE 3

    Interim Interim

    ValuationsValuations

    1

  • (1) (1) INTRODUCTION

    As a precedent, when the value of contracts in UK was more

    than a few thousand pounds, it had always been normal practice

    for contractors to be paid sums on account as the construction

    work proceeded i.e. paid progressively.

    Why pay progressively???

    It is generally recognized that it would be unreasonable toexpect Contractors to finance construction operations

    2

    expect Contractors to finance construction operationswithout assistance from Employers.

    The expense of borrowing large sums, which otherwisewould be involved, would add significantly to total costs which it is in the interest of Employers to minimize.

    *(J. Ramus-Contract Practice for Surveyors-Payment Requirementunder HGCRA-UK)

    *(CIPAA-Malaysia)

  • (1) (1) INTRODUCTION

    It is universally accepted that interim payments are approximate

    only, and, provided the amounts included for the various

    constituents are reasonable, no objection will be raised because

    they are not exact.

    *(Sample-Example Of Interim Valuations Calculation)

    *(Samples-Example Of Int Valuations Calc-rev Contract Sum)

    *(Samples-Example Of Int Valuations Calc-Sectional Compl)

    3

    For this reason, the amounts shown in certificates are always

    round RM, as also are the sums in the main money column of

    valuations.

    * (Samples-Interim Valuation)

    *(Samples-Example Of Int Valuations Calc-Sectional Compl)

  • (A) (A) FREQUENCY OF VALUATIONS AND

    'VALUATION DATE'

    PAM Form 2006 Edition (Clause 30)

    Employer to pay the contractor such sums as are stated to be

    due in Interim Certificates at the periods stated in the Appendix

    to the Conditions of Contract.

    In practice, this normally means monthly, commencing one

    month after the date on which the contractor takes possession

    4

    month after the date on which the contractor takes possession

    of the site.

    The architect usually relies on the Surveyor to advise him as to

    the sum which should be stated as due in any such certificate.

    In order to do this, the Surveyor prepares a valuation in

    accordance with the provisions of clause 30 of the PAM Form.

    *(Sample-Appendix to PAM 2006)

    *(Sample-Letter for Interim Valuation no. 8)

    *(Sample-InterimValuation no. 8)

  • (A) (A) FREQUENCY OF VALUATIONS AND

    'VALUATION DATE'

    As an alternative to regular monthly certificates, the contract

    conditions may provide for 'stage payments', i.e. for payment to

    be made when certain defined stages in the construction work

    have been completed.

    Thus, the first payment may be due when the substructure is

    finished and ground slabs laid, the second when superstructure

    5

    finished and ground slabs laid, the second when superstructure

    walls and upper floors are constructed, the third when the roof

    is finished, and so on.

    Stage payments are more appropriate to housing contracts than

    to more complex projects where the stages are often not so

    readily or satisfactorily definable.

    *(J. Ramus-Contract Practice for Surveyors-example of stages forstage payments method)

    *(Samples-S&P-PaymentSch)

  • (A) (A) FREQUENCY OF VALUATIONS AND

    'VALUATION DATE'

    As the sum eventually certified as due for payment relates to

    work actually completed and unfixed materials and goods

    actually stored on site, it is necessary for the Surveyor personally

    to visit the site to see for himself both the completed work and

    the unfixed materials and goods and then to ascertain their total

    value.

    6

    Where the contract provides for advances at regular intervals, it

    will be advantageous to decide from the start a fixed date in

    which month on which to do valuations.

    Although the Surveyor has no obligation under the terms of the

    PAM Form to notify the contractor when he proposes to visit

    the site for valuation purposes, nevertheless it is desirable as well

    as courteous to do so and even better if the Surveyor and the

    contractor's surveyor agree on a 'valuation date' in each month.

  • (A) (A) FREQUENCY OF VALUATIONS AND

    'VALUATION DATE'

    From the contractor's point of view, the exact position of the

    day in the month may well affect his cash flow as, e.g., his

    invoices for materials become payable at the end of the month.

    From the employer's point of view the 'valuation date' will affect

    his cash flow situation also.

    If the Employer is a public authority and it is necessary for

    7

    If the Employer is a public authority and it is necessary for

    payments to be approved by a finance committee, then the date

    of the committee meeting in each month may have a direct

    bearing upon when the valuation ought to be done, if payment is

    not to be delayed unduly.

    The Surveyor should give careful consideration to any such

    factors involved, including his own commitments in regard to

    other contracts already running.

  • (B) (B) GENERAL PROCEDURE

    The proper way to prepare an interim valuation is to value, on each

    occasion, the amount of work which has been done since the

    beginning of the contract and the value of unfixed materials and

    goods on the site on the 'valuation date'.

    From the total value so arrived at, the total of previous payments on

    account, if any, will be deducted, leaving a balance due for payment.

    By following this procedure strictly, any under-valuation or over-

    8

    By following this procedure strictly, any under-valuation or over-

    valuation of either work completed or of unfixed materials on the

    last 'valuation date' will be automatically corrected.

    The surveyor should not attempt to value in isolation the work done

    and the materials delivered since the last valuation.

  • (B) (B) GENERAL PROCEDURE

    Experience will confirm that valuations are most conveniently set

    out on double billing paper, thus allowing for sub-totals to each

    section and subdivision being carried out over into the right-hand

    money column.

    Such sub-totals are often useful for carrying forward into subsequent

    valuations.

    *(Sample - Interim Valuation)

    9

    *(Sample - Interim Valuation)

  • Joke for the DayJoke for the Day

    Stop Wiping with Cement Bags.docxStop Wiping with Cement Bags.docx

    10

  • (B) (B) GENERAL PROCEDURE

    He will then be in a position to get down to preparing a draft

    valuation in the site agents or clerk of works office (if there is no

    (a) (a) Preparing the Valuation on Site

    The surveyors first task on visiting the site for valuation purposes

    (having first made his presence known to the site agent), is to tour

    the Works, making notes as necessary of the extent of work done

    and listing the quantities of the various materials and goods stored

    on the site.

    11

    valuation in the site agents or clerk of works office (if there is no

    office for the surveyors exclusive use, as often there is not).

    It is highly desirable, if at all possible, that the valuation total be

    determined before leaving the site.

    The surveyor and contractors surveyor will usually agree to meet on

    site at a mutually convenient time on the valuation date in the

    month and will prepare the valuation together, although, of course,

    the responsibility for the resulting recommendation to the architect

    will be that of the surveyor alone.

  • (B) (B) GENERAL PROCEDURE

    Sometimes, the contractors surveyor is happy to leave valuations

    entirely to the surveyor and will accept whatever amounts the

    architect certifies).

    Some contractors prefer to prepare detailed applications for interim

    (a) (a) Preparing the Valuation on Site

    Thus, the total sum and its constituent amounts will normally be

    agreed before leaving the site and subsequent dispute will be

    avoided.

    12

    Some contractors prefer to prepare detailed applications for interim

    payments themselves which they submit to the surveyor a few days

    before the valuation date.

    The PAM 2006 form of contract has acknowledged this practice

    through clause 30.1, whereby a contractor is entitled to submit an

    application, to the surveyor, detailing what he considers the gross

    valuation should be.

    PAM Form 2006 Edition (Clause 30.1)

  • (B) (B) GENERAL PROCEDURE

    On receiving such an application the surveyor is obliged to carry out

    an interim valuation and if he finds he disagrees with the amounts in

    the contractors application he must provide the contractor with a

    statement detailing the area of disagreement.

    (a) (a) Preparing the Valuation on Site

    If a contractor wants a surveyor to consider his application it must

    be submitted at least 7 days before the date of the interim certificate.

    The surveyor is to provide the contractor with such a statement at

    13

    The surveyor is to provide the contractor with such a statement at

    the same time as he prepares his interim valuation.

    This proviso should provide contractors with an incentive to

    produce reasonably detailed applications, if they wish, and should

    reduce payment disputes

    Where a statement of disagreement is provided it must be prepared

    to the same level of detail as was contained in the contractors

    original application..

  • (B) (B) GENERAL PROCEDURE

    Clause 30.2 of the PAM Form provides that 'the amount stated as

    due in an Interim Certificate shall be the gross valuation of

    specified constituent parts of the Works, less the Retention

    Percentage and the total of previous interim certificates.

    (b) (b) Inclusions in Valuation

    In order to determine 'the gross valuation', the value of each of the

    constituent parts has to be ascertained. Those parts may be any or

    PAM Form 2006 Edition (Clause 30.2)

    14

    constituent parts has to be ascertained. Those parts may be any or

    all of the following:

    Preliminaries.

    Main contractor's works (as billed).

    Variations.

    Unfixed materials and goods (material on site).

    Nominated sub-contractors' work.

    Nominated suppliers' goods.

    Retention.

  • (B) (B) GENERAL PROCEDURE

    Where there is a bill of quantities, the evaluation of the preliminaries

    will usually be less difficult than where there is not.

    (b) (b) Inclusions in Valuation

    The preliminaries constituent will then need to be broken down into

    In the latter case, it will be necessary, before the date of the first

    valuation, to make an apportionment of the contract sum to each of

    its principal constituents.

    ((ii) ) Preliminaries

    15

    The preliminaries constituent will then need to be broken down into

    separate amounts such as would normally be seen in the

    preliminaries section of a bill of quantities.

    This process will be very much easier and the results be more

    satisfactory, if there is a Contract Sum Analysis which shows the

    total of Preliminaries included in the tender.

  • (B) (B) GENERAL PROCEDURE

    The contractor will be able to produce his build-up of the tender

    and the individual amounts allowed in it for the main Preliminaries

    items.

    (b) (b) Inclusions in Valuation

    These amounts will then be available for valuation purposes - and

    later, for the adjustment of Preliminaries, if necessary, in the final

    account - just as if there had been a bill of quantities.

    ((ii) ) Preliminaries

    16

    account - just as if there had been a bill of quantities.

    Even where there is a bill, the situation may still present difficulties.

    The contractor may have put amounts against all, some, one or none

    of the priceable items in the Preliminaries section, having included

    the balance of their value, if any, in other parts of the bill.

    The surveyor can only take account, of course, of those items which

    have been priced, even though they may represent only part of the

    total cost of the Preliminaries.

  • (B) (B) GENERAL PROCEDURE

    It is not uncommon to deal with the total value of the Preliminaries

    as if the items were either all cost-related or all time-related. (UKs

    way of practice.

    (b) (b) Inclusions in Valuation

    ((ii) ) Preliminaries

    In local practice, the Preliminaries items are usually broken down to

    Initial cost, Recurring cost and Completion Cost.

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuation)InterimValuation)

    17

    Initial cost, Recurring cost and Completion Cost.

    (Examples(Examples ofof PrelimsPrelims -- tutorialtutorial 11A)A)

  • (B) (B) GENERAL PROCEDURE(b) (b) Inclusions in Valuation

    The prices contained in the bills of quantities, being 'the Contract

    (ii) (ii) Main Contractors Work (as billed) The value of the work carried out by the contractor's own workforce

    will be readily ascertainable from the measured work sections of the

    bills of quantities or, in the case of lump sum contracts without

    quantities, from the Contract Sum Analysis (CSA), if provided, or

    from a schedule drawn up on the basis of an analysis of the tender.

    18

    The prices contained in the bills of quantities, being 'the Contract

    Bills', must be used, of course, in the valuation of the main

    contractor's work, regardless of whether the contractor under-priced

    or over-priced the work when compiling the tender..

    (Sample(Sample TenderTender DocDoc -- RomanRoman CathalicCathalic BungalowBungalow -- CSA)CSA)

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuation)InterimValuation)

    (Sample(Sample -- progressprogress claimclaim ClmClm1717))

  • (B) (B) GENERAL PROCEDURE(b) (b) Inclusions in Valuation

    On some jobs they number in double or even treble figures.

    (iii) (iii) Variations Very few projects, if any, have no variations.

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuation)InterimValuation)

    They present a difficulty in the context of interim valuations for

    several reasons.

    19

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuation)InterimValuation)

    (Sample(Sample -- progressprogress claimclaim ClmClm1717))

    (PAM(PAM FormForm 20062006 ((wthwth Qty)Qty)-- PgPg1515--ClauseClause 1111..99))

  • (B) (B) GENERAL PROCEDURE(b) (b) Inclusions in Valuation

    In order to value unfixed materials and goods, the surveyor will need

    to be satisfied that the materials and goods are actually on the site

    (iv) (iv) Unfixed materials and goods (material on site) Clause 30.2 of the PAM 2006 Form requires the inclusion in the

    amount of an interim certificate of materials and goods delivered

    to the site for incorporation in the Works.

    (PAM(PAM FormForm 20062006 ((wthwth Qty)Qty)--PgPg3636--ClauseClause 3030..22))

    20

    to be satisfied that the materials and goods are actually on the site

    and to ascertain approximately how much of each material or good

    there is.

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuationInterimValuation--PgPg177177))

    (Sample(Sample--InterimInterim ValVal.. NoNo.. 1010))

    It is not necessary to know the exact quantities because by the time

    the next valuation is done, most or all of the materials will have been

    incorporated into finished work which will then be valued as such.

  • (B) (B) GENERAL PROCEDURE(b) (b) Inclusions in Valuation

    It is common practice for NSCs to make application from time to

    time, through the main contractor, for the amounts on account to

    which they consider they are entitled.

    (v) (v) Nominated sub-contractors' work PAM Nominated Sub-contract spells out in detail what should be

    included in respect of sub-contract works.

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuationInterimValuation--PgPg179179))

    21

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuationInterimValuation--PgPg179179))

    (Sample(Sample--InterimInterim ValVal.. NoNo.. 1010))

  • (B) (B) GENERAL PROCEDURE(b) (b) Inclusions in Valuation

    Amounts should be inclusive of the proper discount for cash, also

    (vi) (vi) Nominated suppliers' goods The value of goods and/or materials supplied by nominated

    suppliers should be included in in valuations on the same basis as

    those supplied by non-nominated suppliers, namely, that the goods

    or materials are properly protected and stored whilst still unfixed and

    are not damaged or defective.

    22

    Amounts should be inclusive of the proper discount for cash, also

    for packing, carriage and delivery.

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuationInterimValuation--PgPg180180))

    (Sample(Sample--InterimInterim ValVal.. NoNo.. 1010))

    Amounts should be exclusive of any trade discount allowed.

  • (B) (B) GENERAL PROCEDURE(b) (b) Inclusions in Valuation

    Thus, the sum of money deducted is said to be 'retained' by the

    Employer and is called 'the Retention.

    (vii) (vii) Retention It is a common provision in all the standard forms of building

    contract for a percentage of the valuation total to be deducted.

    The percentage used to calculate the amount of the Retention is

    23

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuationInterimValuation--PgPg181181))

    (PAM(PAM FormForm 20062006 ((wthwth Qty)Qty)--PgPg3737--ClauseClause 3030..55))

    The percentage used to calculate the amount of the Retention is

    called 'Percentage of Certified Value Retained' (see PAM Form

    clause 30.5).

    (Sample(Sample--InterimInterim ValVal.. NoNo.. 1010))

  • (C) (C) NOTIFYING THE ARCHITECT

    When the Surveyor has completed his valuation, he must inform the

    architect as soon as possible of the amount of the payment

    recommended.

    (Notes(Notes--JRamusJRamus--ChapterChapter1212--InterimValuationInterimValuation--PgPg183183))

    In JCT Form, the period for architect's certification is 7 days from

    the valuation date, but PAM 2006 Form allows for 21 days from the

    date of receipt of the Contractors application.

    24

    (PAM(PAM FormForm 20062006 ((wthwth Qty)Qty)--PgPg3636--ClauseClause 3030..11))

  • (D) (D) LIQUIDATED AND ASCERTAINED DAMAGES

    (L.A.D.) It should be understood that no deduction should be made from the

    amount of a valuation for L.A.D. because of failure on the

    contractor's part to complete the Works on time.

    Even though the Surveyor knows that the Employer is entitled to

    such damages, there is no provision in the PAM Form for anyone

    other than the Employer himself to make deduction from any sum

    due to the contractor.

    25

    due to the contractor. The Employer, if he so wishes, waive his right to LAD, in which case

    he will make no deduction.

    It may, however, be prudent for the PQS to remind the architect that

    the damages are due to the Employer - and even how much - so that

    the architect may be in a position to advise the Employer

    accordingly.

  • (D) (D) LIQUIDATED AND ASCERTAINED DAMAGES

    (L.A.D.)

    *(Sample-Letter for Interim Valuation no. 8)

    *(Sample-InterimValuation no. 8)

    *(PAM Form 2006 (wth Qty)-Pg23-Clause22.1, 22.2)

    *(PAM2006-Appendix-filled)

    (E) (E) EXAMPLES OF INTERIM VALUATIONS

    26

    ---------- THE END THE END ----------

    (E) (E) EXAMPLES OF INTERIM VALUATIONS

    (See(See:: ContractContract PracticePractice fofo rSurveyorsrSurveyors--PagePage220220 onwards)onwards)

    (See(See:: alsoalso samplessamples ofof InterimInterim ValuationsValuations andand InterimInterim ClaimsClaims forfor

    thethe locallocal projectsprojects given)given)