1. Intro
La connessione di partite formate la punto iniziale per què di saldare. In a contract, a fixed sum may have been agreed, which means that no more or less will be paid when the subject matter of the contract is finalized. In another contract, fixed unit prices may be agreed and then a final sum is paid based on the number of units produced multiplied by the unit price. In both of these cases, the parties have agreed on the price in advance. The contractor has the risk of increased costs, while the builder misses out on possible savings.
If the parties do not agree on a fixed price or fixed sum, the bill principle applies. It implies that the entrepreneur should be paid for everything he adds and delivers, as well as a markup to cover indirect costs plus profits. La constructor, in turn, no se obtener la mesmo predictability como con un precio fixado o un sum fixado, pero a lo que lo que no puede mais necessário. The latter under the condition that the work is carried out in a rational manner.
2. Översikt over
Alle tre contracte standardne har på billwerk, namely NS 8405 para 31, NS 8406 para 23.4 y NS 8407 para 30.
3. About the calculation of remuneration
Provisions of the standard are approximately identical, and we take NS 8407 as a starting point
Paragraph 30.1 states that the contractor must: Paid for the necessary costs of carrying out the work and an agreed or customary mark-up to cover indirect costs, risks and profits”.
Wat is “Necessary Costs” It often seems to be discussed.
If all contract work is done at cost, the contractor will be entitled to the rig cost (rent of barracks, heater), operating costs (electricity, fuel for heater), hourly wage of the crew on site, hourly rate for machinery and equipment used, cost of materials, etc.
If a fixed price or fixed sum has been agreed for the contract work as such, but then additional work is to be carried out at the expense, the situation will become somewhat more complicated.
In that case, the contractor already gets paid for input factors such as barracks, heater, crew's ordinary tools, etc.
However, the modification work may entail the need for special tools. Normais,. Het heure heeft voor alle alle ontwikkeld op de constructie om te voorbeeld, etcetera.
Oftentimes a specific hourly rate is agreed for the individual job categories such as foreman, carpenter, plumber, helper etc or for excavator, dump truck, truck with or without trailer, etc.
Such prices are in effect fixed unit prices and these are then taken into account when carrying out invoicing work.
Als du kan att en contractor hires crew på en horní ratet som er, v,.
Não, je. It is different if the hourly rate at the bill worker is not agreed. Then it is the rental price per hour that should be taken into account.
Parti normalmente anche agree on a mark-up percentage for the case where work is to be carried out on account.
The contribution percentage agreed by the parties varies, but it seems to be a norm that this is in the range of 8-12%.
If the turn-on percentage is not agreed, the question is what is “customary”.
We believe that it should be difficult to obtain acceptance for a mark-up rate, especially above 15%, even if there is some case law where there has been a higher take-up rate, but without the issue having been addressed.
The case law in question is also of an older date.
Para el registro, je mencionado que o marque no puede tener a procurador un certo, ma también para o pagamento de “Indirect costs” duck “risk”.
We don't take up space to mention “risk”, ma esempio “Indirect costs” ,,,,,.
Wat is “Necessary Costs” is not just about the costs of the individual input factors that lead to the result to be paid according to the bill. It is also about how efficiently and rationally it works.
In order to make this clear, a special clarification has been introduced in the provisions on the calculation of remuneration, namely that the bill worker “It should be operated rationally and justifiably”.
A side of this condition is that the (total) contractor should be vigilant and alert if unexpected circumstances make the work more demanding than expected. This is to avoid hours and resource claims being rejected on incorrect grounds.
Una pieza de advice se a.
Finally, it is mentioned that it cannot be expected that any bill work should be carried out with only a minimum use of resources. One must enter a certain spaciousness into the rating. No project is the same, and this also applies to the construction site, weather conditions, transport distances, etc.
Pêşkerê ji ber vê yekê re karê taybetî ye ku bêtir demê, materyal an çavkaniyên bêkêmasî ne ji hewce ne.
4. Documentazione del billo
When the works are to be carried out on account, the contractor must be able to document that the costs added to the mark-up required to be paid have actually contributed to the work in question.
In light of this, all standard contracts stipulate that the contractor must send “Specified tasks over costs incurred, including material consumption and time consumption in the case of crew and machinery”.
Such tasks shall be transmitted “every week”.
Provisions of the standard contracts also state that the builder may require additional documentation and specification to be provided if the submitted document does not provide sufficient explanation.
Such a claim must be made within 14 days after the builder has received what was first sent over.
For further proceedings, we refer to the provisions of the Standards, cf. NS 8407 paragraph 30.3.1, second paragraph and NS 8405 paragraph 31.4, first and second paragraphs.
5. Builder's control
We find the provisions on the builder's control in NS 8407 paragraph 30.3.2, NS 8405 paragraph 31.4 and NS 8406 paragraph 23.4, third paragraph.
Timelists are usually a term used for tasks above “consumption of time”, and it is often learned that the builder requires “certified timelines”.
Then we usually refer to the timelists that the contractor has submitted continuously to the builder at the construction site for attestation. Attestation is a confirmation that the hours have been accrued under the supervision of the builder and that the hours relate to the works to be remunerated according to the billing principle.
Since the requirement for “certified hour lists” occurs so often, it may be appropriate to point out that the standard contracts do not contain any provision for such attestation. If this is to be a condition, it must be agreed separately, which is often done in the special contract terms or in the contract document itself.
What the standard regulations say is just that the builder “will control the tasks” any additional information, and this must be done within a period of 14 days from receipt.
What the builder will control the tasks against is not said. Normais, a builder will conduct a special supervision of works to be carried out at his expense.
If the builder — completely independent of the submitted timesheets etc — believes that the contractor's work is not being carried out “rationally and justifiably” He should report this in writing. It can either be done separately or taken up in the construction or builders' meeting or progress meetings where it is held.
In turn, the contractor should notify the builder in writing if unexpected circumstances arise that cause one to spend more hours on a bill work than expected.
Both parties should also consider taking pictures, filming or taking other actions that may help substantiate their own views on the use of resources.
Involving the other party if these types of issues arise can — over time — reduce conflict, and under any circumstances it is beneficial to give the other the opportunity to comment on an ongoing basis.
So you can say that this is what is in the standard regulations in that the builder should be given tasks for control, that the builder must respond within 14 days if he wants additional information, and then give his feedback to the contractor within 14 days if one disagrees.
Het problem is dat tijd, en werk is normally done in parallel with bill work while the parties submit, request, respond and then evaluate and conclude with respect to the documentation submitted for works carried out perhaps six weeks earlier.
Finally, it is mentioned that if the builder does not comply with his deadlines for providing the contractor with feedback on the submitted documentation “the tasks are laid as the basis for the settlement”, see NS 8407 paragraph 30.3.2, last paragraph and NS 8405 paragraph 31.4, fourth paragraph.
6. What happens if documentation is not sent at all?
Common to all standard contracts that in such situations the contractor has “only claim for coverage of the expenses the builder had to understand” that the contractor had, added “mark-up (...)”, cf NS 8407 paragraph 30.3.1, last paragraph, NS 8405 paragraph 31.4, fifth paragraph and NS 8406 23.4, fourth paragraph.
7. About Cost Estimates
All three standard contracts have a provision that the builder has the right to ask contractor for a cost estimate. In addition, the contractor has written a notification obligation if “reason to believe that” the cost estimate is exceeded.
The provision on this is found in NS 8407 paragraph 30.2, NS 8405 paragraph 31.2 and NS 8406 paragraph 23.4, second paragraph.
It follows from these that the notification obligation in NS 8405 and NS 8406 occurs if the overruns are expected to be “substantial”, while this is not a condition of the notification obligation in NS 8407.
Finally, it is mentioned that the standard contracts do not have any provision that says what the consequence of failure to notify should be.
Presumably, this must be assessed concretely and based on an overall assessment.
8. The builder's right of objection to the total costs
It follows from all provisions that the builder is “not cut off to later plead that the total cost of the bill work has become unnecessarily high due to irrational operation or other indefensible circumstance”, cf NS 8405 paragraph 31.4, last paragraph, NS 8406 paragraph 23.4, last paragraph and NS 8407 paragraph 30.3.2, last paragraph.
This provision is intended as a safeguard clause, and a good deal is normally required before one would reduce the contractor's claims under this provision.
It is assumed that the parties have complied with the provisions on bill work.
This means that the builder has been sent tasks continuously, he has reviewed them, possibly also requested additional documentation, approved the documentation and presumably also paid invoices on an ongoing basis.
Despite all this, the builder has a certain opportunity to demand a reduction in the aggregate amount, but it requires a completely clear and sound justification, which must be due to circumstances on the part of the contractor.
In conclusion, it is clarified that no bill work is carried out within the same physical framework. There can be a number of conditions at the individual construction site that put the contractor to different tests and that make the works not possible to perform in a cost-optimal way. Case law shows that one cannot claim the ideal from contractor when it comes to bill worker.
We would therefore like to point out that the threshold for applying this security provisions of “unnecessarily high” costs are relatively high.
