关于variation，请各位帮我看看

alicewalker

各位大大麻烦帮我看看解决这个问题选哪种方式最好？帮我分析分析。
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Asrequested by a potential tenant, the Architect issued an instruction to theMain Contractor (MC) adding false ceiling to podium levels PL-3 and PL-4 (the samestandard/specification as the false ceiling in podium level PL-1 and PL-2). TheMC refused using the B.Q. rate for the assessment of the newly added falseceiling to PL-3 and PL-4 based on the following grounds:-

(i)        The B.Q. rate was substantially underpriced because ofpricing error.

(ii)      There were substantial increases in the total quantitiesof false ceiling as a result of the variation.

       (iii)     Although the false ceiling to be used inPL-3 and PL-4 was the same type as that in PL-1 and PL-2, the ceiling height inPL-3 and PL-4 was almost two metres higher               than that in PL-1 and PL-2.

please advise the following :

   1.Contractual provisions for the valuation of variationworks.
   2.Main Contractor’s argument for using fair ratevaluation instead of using B.Q rate
   3A contractual implication of deleting all the ceilingworks from the B.Q and employing another contractor to carry out the ceilingworks.

wispyjas

首先我不是QS,也不是contract department 的人，都是来这里学东西而已。

1）contractually, any variation order rate is propose to follow the rate in BQ, if the rate is agree by MC. However, MC have rights to negotiate new rate with good reason.  
2) If ceiling height is higher than normal, for example 2 meter higher. Additional cost for fabricate scaffolding, material up loading and installation cost is a must. The new ceiling shall never follow previous BQ rate due to all these additional work was differ height.
3) contractually client has rights to omit the ceiling work and award to third party. But, MC has rights to claim against client for all the work done on ceiling also delivered material.   

其实这个案例的client和architect有点大石压死蟹，理由是在MC那里。给你做赔本生意你会做吗？而且看来赔本还不少。client要省钱或没有预算，也有可能project manager要表现不要报那么多VO去上级。最好的解决方法就是新价钱，然后有诚意的和MC谈一谈。

xiaoaxel

在CONTRACT LAW 里
这种情况叫 similar characteristic but different condition can price with fair market rate 或者 overhead profit + worker + material
MC是可以claim的

alicewalker

还有没有更详细的解答呢？