Module 43 · Core · 8 min read

Variation orders, delay damages and deductions

You will be able to: Describe the variation order ladder and its effect on contract value; Compute delay damages with an extension of time and a cap; Place deductions on a bill with the right VAT.

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A variation order (VO) changes the scope or price after the contract is signed. In Zeyto Construction & Contracting a VO moves up a ladder with a button for each step: instructed, priced, submitted, consultant approved and client approved. It can be rejected at any step before the client approves, and an addition or an omission can be recorded.

The Variation Orders register listing each variation with its status along the ladder, the price and the cost.

Variation Orders: instructed, priced, sent and approved.

Variation Orders: instructed, priced, sent and approved.
  • Instructed and priced variations are exposure, not contract value. The exposure screen shows what is waiting for approval.
  • Sending a priced variation to the client may first ask an internal approval, depending on your rules.
  • Only when the client approves does the VO become its own linked sales order, add new items to the breakdown and raise the contract value.
  • A VO line can be billed only after the client approved it.
An approved variationA client-approved addition of AED 80,000 raises the contract from AED 1,000,000 to AED 1,080,000. The new items appear in the breakdown, the budget needs a revision for the cost side (module 2) and the next bill can claim the percent complete of the new items.

Delay damages

If the contract has a daily rate and a cap, you can assess delay damages from the date completion was due. The assessment counts the days late less any extension of time, multiplies by the daily rate and the current contract value, and stops at the cap.

The rate is 0.05% per day on AED 1,000,000, which is AED 500 a day. The works are 24 days late and the client granted 4 days of extension of time, so 20 days count: 20 x 500 = 10,000. A 10% cap would limit damages to 100,000. If the damages are applied to a bill, they reduce the net receivable by 10,000 and carry no VAT in the base treatment.

Watch outWhether liquidated damages are outside the scope of VAT or a reduction of the price depends on the contract and on the FTA's treatment; the product marks it for the accountant to confirm. An alternative treatment as a price reduction issues a credit note with VAT instead.

Other deductions

Other deductions, such as a back-charge from the client, are added to the bill before the tax invoice is issued. Each deduction has a kind, an amount, an optional VAT amount, an optional client invoice reference and a note. A deduction with VAT needs the tax code of the client's own tax invoice; if you name none, the contract's tax code is used. A deduction without VAT carries none.

DeductionVAT
Delay damages, outside the scope of VAT (the default)None
Delay damages treated as a price reductionTreated as a reduction of the price; confirm with your accountant
Deduction supported by the client's tax invoiceType its VAT and the invoice reference
TipKeep delay and claim notices in the clause register and the EOT days in the assessment. The amount is only as defensible as the notice trail behind it.

Walk it through

  1. Compute delay damages for 35 days late, 5 days EOT, rate 0.04%, contract 2,500,000, cap 5%.
  2. Write which VO status each of your open variations is in and what value is only exposure.
  3. In the demo, open Variation Orders on the Billing tab and see the buttons for each step.
Open the live demo

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Key takeaways
  • A VO is exposure until the client approves it.
  • Delay damages = (days late - EOT) x rate x contract value, up to the cap.
  • VAT on deductions depends on whether there is a tax invoice or a price reduction.

Check yourself

3 questions on this lesson. Not timed, not the exam, and you can try again. Score 60% or more, and read the lesson, to complete it.

1. A variation order raises the contract value as soon as it is instructed.

2. Delay damages: rate 0.05% per day on a contract of AED 1,000,000, 24 days late, 4 days extension of time. What do they amount to (no cap reached)?

3. Which statement about delay damages in Zeyto Construction & Contracting is correct?

Practice questions for this module · Printable study sheet