Variation Re-assessment

Under an SBCC DB/Scot 2016 edition type contract, where we are acting as an SC to the Main Contractor, there has been a change in commercial lead on the project for the Main Contractor. The project itself is 90% complete on our SC package and we have possibly one final valuation to submit.

The query is in relation to the fact that now the commercial lead has now requested substantiation for all variations issued to date. Largely all of the variations have been previously assessed and paid by the former commercial lead, is there a valid route for them to re-assess the variations?

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James, in relation to the DB/Scot 2016 (not sure why you mention that and not the DBSub/C/Scot) for the valuation of any Change to be “binding”, it should be agreed between Employer and Contractor: -

  • either under clause 5.2; or

  • under paragraph 2.4 of Supplemental Provision 2 if applicable (Seventh Recital).

Provided that such agreement has been reached, I don’t believe that the contract, in its unamended form, contains any provision that those matters can be re-opened, including at final account stage.

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Thanks for the response. Apologies on the terminology, thats a bit of ignorance on my part just as it is back to back with the main contract conditions.

Its not quite as clean as the above unfortunately, the previous QS never explicitly accepted any quotations, however did assess/value them through our monthly valuations and paid them in each of our payment certs. Albeit we always requested that these be formally accepted. Does that leave us potentially open that we havent got that?

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No worries James. I understand what happened and it’s not uncommon.

However, it would be irresponsible from my side to give you any further opinion because I see there is uncertainty regarding your contract and any amendments to it. It could be the case that you are not that exposed.

I believe you need to seek professional help and a proper review of the matters in doubt.

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