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NEC 3 ECC option B - CDP cladding element, bill of quants at tender produced by client, whos risk?

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We are working under ECC option B & the Bill of Quantities were produce by the clients PQS, this includes CDP elements, for cladding, curtain walling, metalwork, and a couple of others. The Contractor priced the bill of quantities, now on site it is apparent that these are not correct, either description or quantity, who carries the risk?
asked Nov 12, 2015 in Compensation Events by anonymous   3 27 47

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Risk in errors in the Bof Q broadly remain with the Employer. These are dealt with in clauses 60.4 - 60.7 of the option B specific clauses. Project Manager corrects errors in the  Bill which would then be a compensation event, and 60,7 emphasises that the Bill was assumed to have been correct if it is different from any other contract document (i.e. Works Information).

Changes in quantity will not necessarily be a compensation event, so small changes can be assessed using the BofQ rates, Bigger changes will be assessed as a compensation event, and the extra over being assessed using defined cost rather than the BofQ rate (unless both Parties agree to use the ill rate). Clause 60.4 identifies the switch point, which is where a line item changes by more than 0.5% of the total of the Prices.
answered Nov 12, 2015 by Glenn Hide (65,310 points)  
Thank you Glenn, is this the same for CDP items?
Contractors design portion