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NOTE
A mechanism is proposed for the evaluation of compensation due in the event of a variation order under
contracts for construction work. It demonstrates how the indirect costs of a variation can be derived by the
use of in¯ uence curves. Commonly it is accepted that such costs are very dif® cult to evaluate systematically,
and hence the parties to the contract have been left to argue over the cost and time effects of a variation
and the compensation due. The technique suggested provides a simple solution to this problem.
The research project undertaken by the author was the speedy and fair evaluation of payments due to a
funded by the UK Engineering and Physical Sciences contractor, but the development of such systems,
Research Council and jointly managed by UMIST except in the case of cost-reimbursable contracts, has
and the University of Dundee. It was subject to the not addressed the problem of the evaluation of indi-
guidance of a steering group of clients, consultants and rect costs associated with change. Commonly it has
contractors. The results provide a new technique for been accepted that such costs are very dif® cult to eval-
the evaluation of indirect costs due to a variation, called uate systematically. Hence the parties to a contract
`in¯ uence curves’ by the author (Bower, 1996). Use have been left to argue over the cost and time effects
of this technique should reduce the scope for argu- of the variation and the compensation due. Generally,
ments, leading to better relationships between client the settlement of such costs has been left to the end
and contractor and more ef® ciently run projects. The of the contract period when all disruptive effects have
research concentrated on contracts for the construc- been `rolled up’ together, and the compensation to the
tion of bridges, roads and service reservoirs, that is, contractor has been bartered between the parties. The
relatively low risk, low technology projects. Projects effects of this are that the contractor has no certainty
unique in nature, because of the level of technological as to the outcome of the negotiations and hence has
development or high risks, were outside the scope of to allow high contingencies against the outcome. This
work as the nature of those projects might have biased causes contention between the parties as the contractor
the ® ndings of the research, but the approach adopted is continually pushing the client to settle the claim
for the development of the in¯ uence curves should be for additional costs while invariably feeling that the
relevant for any form of construction. reimbursement has been insuf® cient. This can be very
Thus the objective of the research was to develop a damaging to relationships between all parties’ repre-
mechanism that would allow the systematic evaluation sentatives. If partnering or alliancing is the policy for
of direct costs associated with contractual variations. a project, the preparatory workshop which this requires
provides a means of agreeing how to manage such
claims (McGowan et al., 1992). In this research we
The effects of a variation sought a means of avoiding the occurrence of claims.
The traditional method of settling claims for indi-
When the scope of a job is varied many tasks may be rect costs is a `horse trade’ in which one party, normally
affected both directly and indirectly. Additional costs the contractor, suggests a level of compensation for the
due to the direct effects of a variation, such as a change variation, and then the other argues for adjustment of
in resource requirements, are relatively easy to esti- that amount. This method in itself would be dif® cult
mate. The indirect effects which are dif® cult to quan- to justify if it related to individual variations, and
tify can include: normally it is undertaken for all of the changes at once
at the end of the contract, when it is impossible to
rework and lost effort on work already done;
separate out the effects of any one problem. No
time lost in stopping and restarting current tasks in
attempt is made to quantify and cost all of the effects
order to make the variation;
listed above. For example, additional management
change in cash ¯ ow, ® nancing costs, loss of earn-
time will simply be costed as a percentage of the direct
ings, etc;
costs associated with the variation, with no attempt
loss of productivity due to reprogramming, loss of
having been made to account for the fact that some-
rhythm, unbalanced gangs and acceleration;
times variations having only a small direct cost effect
revisions to project reports and documents; and
can have a large indirect effect.
loss of ¯ oat, therefore increased sensitivity to delay.
These strategies are not systematic and they are all
It is common for the contractor to work to a responsible for furthering the arguments between client
programme that is not contractual. This further and contractor and prolonging claims situations.
complicates the evaluation of compensation for the
indirect costs of a variation. The time effects translate
into a cost because either the contract duration will be Evaluating indirect costs
extended, which means that overheads and ® nancing
are increased, or the work has to be accelerated, leading A systematic approach to the assessment of indirect
to the inef® cient use of resources. costs associated with a change needs to take account
In 1993 Thomas and Napolitan stated that `there of those costs which arise due to a number of tasks
have been no de® nitive studies reporting in quanti- being performed at the same time, whether they are
tative terms the impact of changes’. Much attention logically linked or not, and the effects of `ripples’
has been given to payment mechanisms that allow for through the programme due to logic links. These could
Indirect costs of contract variations 265
only for projects that are out of the ordinary, as already hammock rather than a task (general overhead
stated. The simplicity of the technique means that if hammocks are excluded in this example).
a client were unsure whether his project suited the 5. Calculate the percentage change in budget, i.e.
criteria for a particular standard curve it would be (change in budget/original budget) ´ 100.
relatively easy to derive a unique curve. 6. Weight the percentage change in budget by a
A workshop for preparing for partnering on a project task multiplier de® ned as the number of other
would provide the opportunity to agree the value live tasks within the same category at the time
of in¯ uence factors appropriate to that project if the of the disruption. If a hammock is being used
parties felt that they needed review. Simulation of then the multiplier is the number of other
the effects of risks identi® ed at that workshop would hammocks in that category plus the number of
indicate the compensation for indirect costs before an other tasks live in that category which are not
event, so allowing client and contractor to assure them- spanned by the hammock.
selves that the results would be equitable.
These ® gures should then be summed to give the
weighted cumulative percentage change. This is plotted
Derivation of the in¯ uence curve against time to give the in¯ uence curve.
The change in cost was translated into a percentage
The derivation of the curve uses only the change in change from the original budget which was then
cost associated with tasks whose resource usage is factored by the number of other tasks in the same cate-
changed due to the variation, that is, tasks whose dura- gory that were live at the time of the disruption. This
tion is increased due to the variation. In cases where gave a weighted percentage change taking into account
a subcontractor is already on site and it is not possible the vertical links or `ripple’ effect. The cumulative
for him to perform other work, an allowance for percentage change was plotted against time to achieve
standing time must be included as a direct cost. In the effect of the in¯ uence curve increasing with time.
effect the subcontractor will have to be paid time- Once an in¯ uence curve has been plotted it is used in
related charges as though he was working, therefore the event of a variation by multiplying the direct costs
constituting an extension to the duration of the task. associated with the variation by the in¯ uence factor
These were the direct costs. The other costs listed and adding this amount to the direct cost to give the
earlier become the indirect costs that the in¯ uence total cost of the variation to the client. The shape of
factor takes account of. the curve was tested by using delays of differing dura-
tions and each time the shape remained constant. The
proposed in¯ uence curve is shown in Figure 1. The
Approach A shape of the curve was veri® ed using approach B.
was already on site, so again standing time has to be ® nancial risks to both parties should lead to lower bid
paid. In this example there were four classes of prices. The rapid evaluation of the payment due to the
work which needed price adjustment. These are contractor would decrease the management effort
outlined below, with an opinion as to whether or not required in the measurement and valuation process,
they constitute direct charges or are included in the reducing project overheads. This systematic technique
in¯ uence factor. should help the industry achieve the team working advo-
cated in major reports and supported by many in the con-
Subbase Ð direct charge Ð involves actual work
struction industry in the UK, USA and other countries
being done due to variation: of £1132.
(Latham, 1994; Construction Industry Board, 1997).
Kerbs Ð direct charge Ð direct delay due to vari-
ation: of £4823.
Surfacing Ð direct charge Ð systematic evaluation
is possible: £14 207. Acknowledgements
Overheads Ð indirect charge Ð in¯ uence factor
accounts for change to indirect charges. The research team are very grateful to Fluor Daniel
Ltd and all the members of the Steering Group for
The appropriate in¯ uence factor should therefore be
their advice and ideas on this research.
applied to £1 132 + £4 823 + £14 207= £20 162.
When the variation was noti® ed the project was 72%
complete in terms of price, giving an in¯ uence factor
of 70%, and hence the total compensation due to the References
contractor is 1.7 3 £20 162 = £34 275.
Akinsola, A.O., et al. (1997) Identi® cation and evaluation
of factors in¯ uencing variations on building projects,
International Journal of Project Management, 15(4), 263± 67.
Conclusions Bower, D.A. (1996) Evaluating the Indirect Cost of Change,
International Project Management Association Congress,
Existing methods of evaluating payment due for vari- Paris.
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Telford, London.
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Smith, N.J., and Wearne, S.H. (1993) Construction Contract
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