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What quantity variances do to the final cost

📐 Article

By , construction economist

Information verified on 9 min read

What you will learn How the nature of quantities affects the forecast, the three-times and half rule in article 81 of the general implementing rules, reading progress statements to see a variance coming, an item-by-item projection method with a fictitious example, and the case of private contracts.

In a contract based on quantités présumées (provisional quantities), the signed price is not the final cost: it is the product of estimated quantities and unit prices. The final cost will be the product of the quantities actually carried out and those prices, and the variance shows up well before the final account for anyone who projects each item at each état d'avancement (progress statement). This article does not explain the nature of quantities again: it starts from its effect on the forecast final cost.

Starting from the nature of quantities

The first question to ask about a variance is: what type of item does it concern? The distinction between provisional quantities and lump-sum quantities is explained in the article on provisional and lump-sum quantities; only its effect on the budget is considered here.

Type of item What moves in the forecast Where to look
Provisional quantity the amount follows the quantity actually carried out, at the tender unit price progress statements, jointly agreed measurements
Lump-sum quantity the variation is not treated as a provisional quantity variance the specification and its limits, see the article cited
Item changed by the client the variance is a modification, not a quantity variance the change register

The third case is the one most often misclassified. A quantity that increases because the maître d'ouvrage (bouwheer, the client) has changed the project is not a quantity variance: it is a modification, with its own form and regime. In a public contract, that regime is described in the article on changes to a public contract in progress. Classifying each variance correctly avoids counting it twice, or not counting it at all.

The provisional quantity items most exposed are those that depend on what cannot be seen: earthworks, foundations, removal of soil, work on the existing building. That is where projection must start.

The three-times and half rule in public contracts

In a public contract, article 81 of the RGE (general implementing rules) governs large variances. Independently of any modification made by the pouvoir adjudicateur (contracting authority), where the quantities actually carried out for a provisional quantity item exceed three times the provisional quantities or fall below half of them, either party may request a revision of the unit prices and of the initial periods. The revised price only applies to the quantities carried out beyond three times.

For the forecast, this divides each item into three zones.

Zone Applicable price Effect on the forecast
Between half and three times the provisional quantity tender unit price cost follows quantity, linearly
Beyond three times tender unit price up to three times, then a price open to revision the share beyond three times has an uncertain price: project it as a range
Below half revision of unit prices possible at the request of either party a quantity saving may be partly offset by a higher unit price

Beyond three times, revision can work both ways. A unit price built on a given quantity may prove too high for a much larger quantity; the contracting authority then has an interest in requesting revision. Conversely, the contractor will request it if the unit cost rises.

Below half, it is generally the contractor who has an interest in revision, because its fixed costs on the item (set-up, equipment, mobilisation and demobilisation) are spread over fewer units. In the forecast, a sharp drop in quantity should therefore not be counted as a net saving until the unit price question is settled.

The rule does not replace the forecast, it complements it. An item that goes from 100% to 250% of its provisional quantity stays at the tender price, but its cost has more than doubled: that is a major budget variance, even without any price revision.

Reading progress statements to see the variance coming

The progress statement is the detection tool. In a public contract, article 95 of the RGE provides for a déclaration de créance (payment claim) accompanied by a detailed statement, checked and paid within 30 days (60 for certain contracting authorities in the healthcare sector). It is within that period that the projection must be made, before payment confirms the quantities. Reading a statement is covered in the article on variations and interim valuations.

Two figures per item are enough to raise the alert: the cumulative quantity carried out compared with the contract quantity, and the actual physical progress of the item on site. If 90% of the quantity has already been invoiced while the item is only two thirds complete, the final variance is already written.

Three warning thresholds follow from article 81: an item approaching half of its provisional quantity when it is almost finished; an item exceeding its provisional quantity before the end; an item whose projection crosses three times. Each calls for a different action: check the unit price, revise the forecast, prepare the discussion on the revised price.

Projecting the final cost item by item

The method comes down to four actions. They are repeated at each progress statement:

  1. Measure the work done: the cumulative quantities carried out per item, checked, not merely invoiced.
  2. Estimate what remains, either by extrapolation (quantity carried out divided by physical progress) or, better, by remeasuring the remaining work on the construction drawings and the observed state of the site. When the two methods diverge, that is a signal: one of the assumptions is wrong.
  3. Value: projected quantity multiplied by the unit price, with a range for the share beyond three times in a public contract.
  4. Carry the variance forward. The sum of projected variances feeds the "quantity variances" line of the dashboard described in the article on tracking the final cost during the works, against the contingency.

Fictitious example, rounded amounts excluding VAT, to illustrate the method.

Item Provisional quantity Unit price Carried out to date Physical progress Projected quantity Contract amount Projected amount
Earthworks (m³) 1,000 €20 900 60% 1,500 €20,000 €30,000
Foundation concrete (m³) 200 €250 120 50% 240 €50,000 €60,000
Soil removal (t) 100 €80 280 70% 400 €8,000 €32,000 (of which 100 t beyond three times)
Slab demolition (m²) 600 €30 200 80% 250 €18,000 €7,500 (below half)

Reading. Earthworks and concrete drift within the linear zone: plus 20,000 euros at tender prices. Soil removal crosses three times: 300 tonnes at the tender price, then 100 tonnes at a price open to revision, to be projected as a range. Demolition falls below half: the apparent saving of 10,500 euros is not secured, since a request to revise the unit price is possible. In total, the forecast rises from 96,000 to about 129,500 euros on these four items, a variance to be set against the contingency item by item, and not only against the total.

In a private contract: everything depends on the contract

In a private contract, article 81 of the RGE does not apply as such. The effect of a quantity variance depends on what the contract says: marché à forfait (lump-sum contract), unit price contract on provisional quantities, or mixed contract. The question of who bears a quantity error is dealt with in the article on who bears the risk of a quantity error.

The projection method, however, is the same. In a unit price contract, item-by-item projection is essential; in a lump sum, it mainly serves to spot items where an increase in quantity actually conceals a change to the plan, which then falls under the rules on extras. In both cases, providing in the contract for a clause on large variances, whether or not inspired by the public mechanism, avoids discovering the rule when the dispute arises.

This article reflects the position of the rules at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.

Frequently asked questions

Not between half and three times the provisional quantity: the tender price applies. Beyond three times or below half, article 81 of the RGE allows either party to request a revision of the unit prices, the revised price applying only beyond three times.

By comparing, at each progress statement, the cumulative quantity carried out for each item with its actual physical progress. An invoiced quantity that advances faster than the work signals an overrun.

Not necessarily: below half of the provisional quantity, a revision of the unit price may be requested. Until that is settled, the saving remains to be confirmed in the forecast.

No, article 81 belongs to the general implementing rules for public contracts. In a private contract, everything depends on the contract, hence the value of including a clause on large variances.

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