Charlie honest question. How did ye get the job initially? Do you employ a QS?
No we employed a bid manager who worked with the project team who packaged up the drawings and spec for the works and sent them out to a variety of sub-contractors for pricing. Some packages to single source suppliers and some to multiple sources to compare prices.
I would be amazed if the architect was agreeing variations/progress claims off his own experience. He has the PQS there to advise on cost and he would act based on thier reports. The arch would not have an clue how a bill is prepared or the method of measurment.
We don't have bills of quants, it is a traditional contract that based on a specification of works and the drawings issued at tender stage forming the basis of the contract.
He wouldnt know how claims and variations are built up or what entitlments are allowed.
The Architect alters the drawings, he does so without consulting the PQS, we submit a variation CCF(contract change form) with cost and programme implications an agree in principal with the Architect whether it is a design change or design development.
We then submit a price to him detailing the works that are required as per his new design. He at the same time asks his PQS to price the variation as detailed on his drawing and compares our cost to his to see if he is getting value for money.
I think if you talk to an Architect you may find that they are far more astute and commercially aware than people on this thread are giving them credit for.
The arch is the contract administrator but he has a whole design team to advise him.
You are correct, he does have the design team to advise him however he is soley responsible for administering the contract and ultimately if it goes to court has to justify his decision and the basis that he made that on.
The Architect decides on whether payment is due or not for variations or alterations as he can argue whether it was a development of the design to make it work or a change to design.
As for your comment about retention im afraid it is incorrect. You should never have paid up front for any work so you should always have value for money. In fact you should have up to 2 months work on each payment if you factor in the time taken to process an application, issue a cert and recieve payment.
Your retention is taken from the amount you owe the builder in order to ensure at the end of the contract he makes good defects. I never said to pay up front for works. My coment was,
To avoid your contractor going bust with your money make sure you appoint your Architect to check his valuations(Builders valuation of work carried out) for the works, hold a retention, 5%, and always pay in arrears.
There is a far bigger risk to the builder with the client going bust and having 2 months 'Work in Progress'
The builder, if he fears this should have the money put in an escrow account in case of the client going bust.