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Streetwise Answers

Hi Streetwise

I have agreed vos with a clients QS and had response back to say agreed, but now the QS has left and a new QS has stepped in. He has now asked for more information and put them as on account payments.

What do I do?

Also I have another contract which was for 44 weeks and we are now in week 64. Can I claim for extra hire and supervision costs ? I have emailed them on week 50 requesting this but have not had any amswer.

Hope you can help. Good site by the way.

Regards Richard Wattam

Arc Force Ltd

Hi Richard

First, thanks for the compliments about the site, and yes StreetwiseSubbie and our network of Consultants can certainly help you.

Your question about variations raises a common problem for Specialist Sub-Contractors. Unfortunately most contracts don't provide for the valuation of variations to be agreed. Even when they do it is quite unusual for the parties to use those provisions (I have been resolving disputes for 20 years and never seen it!).

What that all means is that the actual valuation of variations cannot be considered to be final until either, the parties sign a Final Account Agreement, or a Final Certificate is issued (different contracts have different provisions).

So, unfortunately any payments made for variations are usually considered to be on account.

You may be able to utilise any "agreement" documentation you have as evidence that variations have been agreed, (and we can help you to make the most of that) but not much more I'm afraid. 

As regards the 20 weeks delay then in all probability you are entitled to recover the additional costs you have incurred. Again it very much depends on what the contract specifically says and I have emailed you separately about how we can help you further.

Best regards



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