Sub-Clause 13.6 – FIDIC 1999
For work of a minor or incidental nature, the Engineer may instruct that a Variation shall be executed on a daywork basis.
The work shall then be valued in accordance with the Daywork Schedule included in the Contract, and the following procedure shall apply.
If a Daywork Schedule is not included in the Contract, this Sub-Clause shall not apply.
Before ordering Goods for the work, the Contractor shall submit quotations to the Engineer.
When applying for payment, the Contractor shall submit invoices, vouchers, and accounts or receipts for any Goods.
Except for any items for which the Daywork Schedule specifies that payment is not due, the Contractor shall deliver each day to the Engineer accurate statements in duplicate which shall include the following details of the resources used in executing the previous day’s work:
(a) the names, occupations, and time of Contractor’s Personnel,
(b) the identification, type, and time of Contractor’s Equipment and Temporary Works, and
(c) the quantities and types of Plant and Materials used.
One copy of each statement will, if correct, or when agreed, be signed by the Engineer and returned to the Contractor. The Contractor shall then submit priced statements of these resources to the Engineer, before their inclusion in the next Statement under Sub-Clause 14.3 [Application for Interim Payment Certificates].
For work of a minor or incidental nature, the Engineer may instruct that a variation be executed on a daywork basis to be valued in accordance with the daywork schedule included in the contract.
Usually, Daywork is ordered for work that cannot be measured easily. For example, the variation order may be for cut and open already constructed concrete walls, and make good all damaged surfaces, etc.
The labour, materials, and construction equipment involved in the work should be recorded with the information listed in Sub-Clause 13.6 daily and signed by the Engineer.
Before the contractor prepares the next payment statement under sub-clause 14.3 – application for interim payment certificates – a priced summary of the daywork should be submitted to the Engineer.
The Contractor is paid at the rates stated in the Daywork Schedule.
If no Daywork Schedule is included in the Contract, payments cannot be made on a Daywork basis. Therefore it is important to include the Daywork Schedule in the Tender Documents, completed by the Contractor and included in the Contract.
Subsequent addition of a Daywork Schedule to the Contract will require the Employer’s agreement.
If there is no Daywork Schedule in the Tender Documents, it is appropriate that the Contractor requests the Engineer to clarify matters, or the alternative would be to include his Daywork schedule by the Tenderer. However, it depends on the precise wording of the Instructions to Bidders.
The accepted practice is that the costs of miscellaneous hand tools, protective clothing, etc., are to be included in the daywork – labour rates.
Tenderers should clarify the cost of transporting workers (including idle time) to the place where the daywork will be executed, whether it is to form part of the labour rates or whether the transport and driver will be paid for separately.
If there is no separate provision for these costs, then the daywork – labour rates will need to be enhanced to cover these costs.
Frequently site disputes arise concerning the value and applicability of unit rates for labour.
Therefore always check the pricing preambles in the Daywork Schedule to identify inclusions and exclusions.
It is good practice to use standard forms to record daywork.
Make aware the site supervisors ‘how to record and what to record’, to avoid subsequent disputes and difficulties.
The site engineer needs to accurately make the daywork record sheets and the quantity surveyor to accurately price them.
The site engineers should familiarize themselves with the daywork schedule included in the contract. He has to ensure that all reimbursable items are included on the agreed record sheets.
The contractor’s quantity surveyor should ensure that the rates under Dayworks are calculated accurately in accordance with the definitions in the contract.
However, if the engineer/engineer’s assistants cannot agree that the work as additional work, then the records should be checked daily and signed stating ‘Agreed for record purposes only’.
In practice, the Daywork Schedule in the contract may not be fully comprehensive and will not include all the types of labour and construction equipment on site.