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26 E L EC TR I C AL CONNEC T I ON

AU T UMN 20 1 7

CLAUSE FOR CONCERN

E

lectrical contracting can be a bit

of a gamble, in that a tender is

submitted and the hope is that the

project runs to schedule.

Contractors risk their solvency on

a multitude of factors, many of them

unpredictable. The weather, adequate

design drawings, timely delivery of

materials and the builder’s efficiency

play a large part. Nowhere is this risk

better demonstrated than during the

competitive tendering process.

The soundness of a construction

estimate is contingent on the amount

of information available at tendering

time. Interpretation of scope, accuracy

of quantities, quality of materials and

assumptions of productivity all combine

to produce a cost – exclusive of overhead

and profit – for completing the project.

Most estimators use similar take-

off methods, and the material pricing

and labour units allocated by various

estimating programs can often result

in close tender figures. However, most

variance arises in the figures attributed

to company experience with the contract

type, labour-saving methods, and

overhead and profit.

The primary job of estimators is to

produce accurate costings, but they

also have a responsibility to protect

their employers and themselves from

risk. Irrespective of company size,

someone has to assess and deal with the

risks related to signing a contract and

performing the work.

The days are gone when the electrical

estimator only had to complete a take-off,

price the material, allocate labour, add

sub-contractor quotes, establish a realistic

mark-up and submit the tender.

These days it is more complex. Almost

everything we do in the business world

involves a risk of some kind – customer

habits change, new competitors appear,

factors outside your control cause delays.

RISKYBUSINESS

Before deciding to tender on a project,

you must evaluate the risk factors.

The following are some of the risks

that should be identified, assessed

for likelihood and appraised for

possible effects:

>

Liquidated damages – especially if the

head contractor has a reputation for

late completion.

>

Project duration – a drawn-out

program may have a disastrous effect

on cash flow.

>

Liability for worker injury – an unsafe

working environment must be avoided.

>

Onerous conditions restricting rights to

a fair contract – this may put you in an

iniquitous situation.

>

Procedure for arbitration – to ensure

important facts are recorded and

contract conditions met.

>

Variation clause – ensure there is an

approval clause before installation.

>

Payment clauses – clarity and certainty

as to payment.

TIMINGMATTERS

Tony Lim (Doyles Construction Lawyers,

Australia) has covered an important topic

ELECTRICAL ESTIMATORS MUST

BEWARE OF DETRIMENTAL

CLAUSES IN TENDER DOCUMENTS.

BRIAN SEYMOUR

HIGHLIGHTS

THE RISKS.

ESTIMATING