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Variation schedule laid out for assessment

Insights on claims and disputes

Setting out disputed variations on a schedule

The difference between an account that gets assessed and one that gets refused is usually structure rather than substance.

A disputed variation account is a collection of separate items that happen to be in the same spreadsheet. Presented as a total with a narrative it invites a single refusal; presented as a schedule it invites assessment line by line, which is how it actually gets settled. Structuring it is the bulk of variation claim preparation.

The purpose of the structure is not presentation. It is to make agreement possible on the items that are not really in dispute, so that the argument narrows to the ones that are.

One line per variation, with its own case

Each item should carry the instruction reference, the date, a short description, the valuation basis relied on, the quantity, the rate and the value.

Where the valuation basis differs between items, as it usually does, that is stated per item rather than explained in a covering narrative.

An assessor should be able to deal with line twelve without reading lines one to eleven. That is the test of whether the schedule works.

Separating agreed from disputed

Most variation accounts contain a majority of items that are not genuinely in dispute, and they get caught up in the argument because they sit in the same document.

Marking the status of each item, and separating agreed value from claimed value, allows the agreed part to be settled and paid while the rest is resolved.

That matters commercially. Cash released on the uncontentious eighty per cent changes the pressure under which the remaining twenty is negotiated.

Showing the gap rather than asserting a total

For each disputed item, show what was claimed, what was assessed and what the difference is attributable to: quantity, rate, basis or entitlement.

That classification is useful because the four categories are resolved differently. Quantity differences are measured, rate differences are built up, basis differences are argued from the contract, and entitlement differences may not be about value at all.

An account analysed this way frequently turns out to have a handful of real arguments rather than fifty.

Evidence referenced, not attached

Each line should reference the documents that support it rather than carrying them. The schedule stays readable and the supporting material is available when a specific item is examined.

References have to be precise enough to find. A reference to the project records is not a reference; a document number and a date is.

Where evidence is weak for a particular item, that is worth knowing internally before submission, because it determines where to concede.

Keeping the narrative short

A covering narrative explaining the overall position is useful at two or three pages and counterproductive at thirty.

Its job is to explain the structure, state the valuation approach and identify the main points of difference. The detail belongs in the schedule.

Long narratives tend to be read as argument rather than as information, and they obscure the items that would otherwise be agreed quickly.

What the other side needs to assess it

Enough to check a line without asking a question. Measurement available, rate build ups available, instruction references correct.

Where an assessor has to request information for every item, the assessment takes months and arrives sceptical.

Making it easy to assess is not a concession. It is the fastest route to getting the defensible items paid.

Common structural failures

Items grouped by trade or by period rather than by instruction, so that individual variations cannot be traced.

Values that do not reconcile to the application or to the account, which undermines confidence in everything else.

And claims for the same effect appearing in more than one place, typically disruption appearing both in variation rates and in a separate claim, which is the fastest way to have both refused.

Using it in negotiation

A schedule analysed by cause of difference tells you where to concede and where to hold, which is the whole of a sensible negotiation.

It also allows partial agreement to be recorded as it happens, so that the ground already covered does not get reopened.

Negotiating from a total, by contrast, produces a single number arrived at by splitting the difference, which satisfies nobody and sets a poor precedent for the next account on the next project.

Updating it as things settle

A schedule is a live document. Items agreed should be marked agreed and removed from the argument, with the agreed value recorded.

Where that is not done, agreements reached in meetings get reopened by the next person to look at the account, and the same ground is covered twice.

A short record of what was agreed, when and with whom, attached to the schedule, prevents that entirely and takes a minute to write.

Who the schedule is really for

It is written for an assessor who was not on the project, has limited time and is looking for reasons to reduce rather than reasons to agree.

Writing for that reader changes the document. Everything they would have to ask for is included; everything that would irritate them is removed.

It is also written for your own successor, who may have to run the account after you have moved to another project.

Where it leads

A well structured schedule frequently settles without anything formal, because it makes the real differences visible and small.

Where it does not, it is already in the form that any further step requires, so nothing is assembled twice.

Where the disputed items are part of a wider account that has stopped moving, the same schedule is the backbone of final account dispute review. Building it as the project runs is cost control and variations work.

Variations that have not been agreed?

Variation claim preparation sets out the instructed scope, the measured difference and the valuation built on the rule the contract actually provides, with the evidence attached to each line.

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