Tuesday, July 31, 2018

Benefit : The Constructor will no longer receive

Fundamentally we will have the following 2 concepts:(Planilha de orçamento de obra)

Benefit : The Constructor will no longer receive the part of the benefit that he expected to obtain from the Construction that remains to be done.
Cost overruns : Withdrawal of all materials and auxiliary means that had not yet been placed on the site and due to the interruption of the same must be taken with the consequent cost.
Commitments acquired : The constructor for the execution of the entire Work will have signed and acquired commitments with subcontractors which may demand the builder in turn damages for the breach of these contracts. Also the fact of having hired workers and having to fire them when work is paralyzed will cause a series of damages.
All these aspects must be taken into account when making a Claim for Unfinished Work either by one or the other party. Unless in the Work Contract the indemnities for this cause have already been made clear.


Valuation of Work Not Finished
Once the responsibility is discerned, what remains is the last point that would be the Valuation of the Work.

Both the part of Construction executed for certification and payment and the part of work not executed for compensation if appropriate.

As in the previous section for the Valuation of Work Not Finished we are going to divide it into the 3 cases that we have already been discussing throughout this POST and that therefore we will have the following 3 cases depending on who is responsible:

Mutual agreement
It becomes the simplest at the time of realization, since in summary what is done is a Work Clearance.

In this case, the following procedure will be used to carry out the Unfinished Work Evaluation :

Units of Work Executed : They are valued at contract price or budget each and every one of the items executed as measured by consensus by the Constructor and the Project Management of the Work .
Acopios : In case there are stockpiles of materials that have not yet been placed on site but are in the same and that will remain are valued according to unit prices.
Auxiliary Means : As well as the stockpiles, it can happen that these remain in the Work so it will be assessed which was the part not amortized in the execution of the construction. But on the contrary if these are removed from the work by the Contractor in the Assessment of them must be added the cost of withdrawal and transport.
Rubble or Waste from the Work : They must be withdrawn and, therefore, the said cost must be paid.
Construction Safety : The construction must be in conditions of Safety, Public Health and Public Hornato, so the cost of leaving the entire Promotion in these conditions will be valued and added to the final settlement.https://tabelas-sinapi.com/super-planilha-orcamento-de-obra-automatico/
All these concepts are those that must be taken into account to realize what would be the Valuation of Work Not Completed for its subsequent FERTILIZER AND RECEPTION on the part of the Promoter or Owner of this, whenever we are talking about Mutual Agreement.

Imputable to the Constructor

If there is no agreement and the Responsible for the Work Not Finished ie the Abandonment of the Work is the Constructor the tables change since the previous concepts will have to subtract the damages that the Owner of the Promotion may suffer and that in the section of "Claim for Unfinished Work" we have concentrated on 2 concepts "RETRASOS" and "SOBRECOSTES"

So in this case the Valuation of Work Not Finished will be very different, this must collect the following concepts:

Executed Work Units : As in the previous case, we will start by measuring the Work already executed and carrying out the Certification of it according to contract prices or budget by the Project Management of the Work .
Collections and Auxiliary Media : In this case, it is not usually valued neither stockpiles nor auxiliary means since the person in charge of not placing them is the Contractor and therefore the normal thing is that the cost of their removal is at the expense of the.
Delays and surcharges: These are the 2 concepts in which we have grouped the economic damages that the Construction Promoter can suffer. Although its valuation can get complicated by the disagreement between the parties or by lack of specification in the contract. We are going to give some recommendations for a possible evaluation of these as accurate as possible that it would be, neither more nor less, than on the one hand to assess the Budget of contracting the unfinished part of the work and compare the prices with those that were already with the Contractor and make the difference in more than this would entail. The higher cost of the penalty would be the economic damages for the delay that is going to cause, here it would be necessary to analyze the commitments and damages against third parties that the promoter will have and even the compensations that he has to pay in front of To thirds,
So the Valuation of the Work Not Completed would have to subtract to the certification of the Executed Construction part the RETRASOS AND SOBRECOSTES that would conform the damages and damages of the PROMOTER.

All this provided that this assumption and the corresponding penalties and indemnities have not been contemplated in the Work Contract .

Imputable to the Promoter
In this last case, the Liability for Unfinished Work is assumed to lie with the Promoter and therefore the damage of this interruption or paralization will be for the Contractor of the same.

To proceed with the Assessment of Work Not Finished we will take into account the following parameters:

Units of Work Executed : Exactly as before, we began the measurement of the Work if Executed and its corresponding Certification.
Acopies and auxiliary means : As the responsibility of the Paralysis of the Work of the Promoter, the contractor may demand both the payment of the stockpiles that he has on site as well as the auxiliary means and even the costs that his withdrawal causes them.
Profit Cesante : It is a concept widely used by the Contractors of a Work when a contract is terminated unilaterally and is based on the benefit they will not get from the part of the Work they do not execute. So it is a value that should be added to the final settlement.
Commitments acquired : We must not forget that the Contractor will have acquired commitments of which he must respond and therefore must be quantified and added to the final payment of the certification.
As always, when there is no agreement, the Assessment of the Work Not Completed would be very complicated, which is supposed to be the sum of all the costs or partial valuations previously indicated.

We are going to emphasize that we start from the fact that this situation and the corresponding compensations have not been contemplated in the Work Contract .

Our Experts in Architecture and Engineering as Construction Directors and Executives of the Work Execution of the Work know perfectly the role and responsibility of each one of the Agents involved in the work, so they can help you in your Claim for Unfinished Work as well as in discerning the Responsibility in an Unfinished Work.(sell car dubai)

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