The Schedule of Values: don’t skim over this important document
A project owner typically negotiates with a contractor over several months to finalize a construction project’s scope, schedule, price, and other important project details. Then the culmination of these efforts gets memorialized in the construction contract. Among the many details that are outlined in the contract is a Schedule of Values.
The Schedule of Values is often seen by the owner simply as a schedule used as part of the payment application when the contractor submits the monthly pay application. While it certainly functions in this capacity, an owner should be careful to review the Schedule of Values as it would the other important components of the construction contract.
An owner may view the Schedule of Values and see some items that look a bit high but then see others that seem well priced, and overall, the lump sum is a price the owner is happy with. So why worry about individual line items if the lump sum price is satisfactory?
Some of the potential problems with a Schedule of Values that contains line items with values that don’t match well with the market value of what that line item should be priced at can come into play if the contractor is terminated or if there are change orders.
It is common for a contractor to put more profit in the scope items that will be completed early in the construction schedule and less profit, sometimes no profit, in the items near the end of the construction schedule. Why does a contractor do this? Generally, it’s done so the contractor can use the owner’s money to help cash flow the project. As an owner, you are either not aware of this practice or perhaps you accept this practice because you want to help the contractor. But what if you need to part ways with the contractor in the middle of the project? And the remaining items on the schedule of values have very little profit in them? The chance of the owner getting a new contractor to complete the remaining work for the money left is going to be very difficult. Even if the Owner can find another contractor to do the work for the remaining contract value, is it fair that the first contractor received payment on the items that had bigger profit margins? Side note: If a contactor is in funds control, the profit and overhead is paid out based on the actual cost of the line items and not the “value” placed on them.
Another thing to consider is a change to the scope of work that results in a change to the contract value (change order). Almost every project has them. It is very important that there is language in the contract that is very specific as to how a change order is priced. You certainly don’t want the price tied to an inflated Schedule of Values line item.
These are just some of the reasons that overlooking the importance of analyzing the Schedule of Values can cause an owner heartburn down the road. It’s easy to understand why this document may get overlooked after months of negotiation and deal fatigue but it is certainly worth taking a hard look at. The Schedule of Values can be created to handle cash flow concerns and still maintain credible values on the line items in the Schedule of Values.