NEC ECC: Remeasuring a fixed priced NEC 3 Contract

Question

I am currently working on a refurbishment contract with a very poor BofQ prepared at tender stage. Four months into the contract it is evident there is significant items included in this BofQ that are not being done and the Project Manager has taken it upon himself to omit these from monthly payments.
There is no priced preliminaries section in the contract documents with the cost for said prelims spread across the BofQ rates for the works. We are losing money on the project as a result of this remeasurement and to date there have been no early warnings or compensation events raised on the job.

Can this remeasurement take place without an early warning and do we have a case for a compensation claim on the basis the tender documents provided do not accurately reflect the work required on site.

Answer 1

Look at option B clause 60.6. It sounds as if the Project Manager is making corrections to the BoQ "which ... are due to ambiguities or inconsistencies." Note that the conditions do not say between what documents so it applies to the whole of the contract. I.e. the BoQ says one thing and the Works Information says another.

The last sentence of 60.6 says this can reduce the Prices and 60.7 gives additional (to that in the core clauses) direction on how it is assessed. You will therefore only need to agree the Defined Costs you are NOT incurring in doing the work described in the BoQ, NOT the cost of your prelims.