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NEC ECC: BoQ items doubled up?
Option B:- alot of items within the BoQ are already accounted for within the MOM e.g subbase for both backfill of drainage works and reinstating.
The Contractor claims that this is subject to a large amount of remeasuring with no evidence of encountering the extra costs.
My argument is that they are not owed anything as the MOM already covers this plus there is a rate in the BoQ for it and they have provided no evidence, am I right in non-acceptance/payment?
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Two ways of looking at it....
(i) 11.2(30) defines the PWDD as the quantity of work completed for each item in the Bill multiplied by the rate. So using your example of sub-base for backfill of drainage works etc, if the Contractor has already been paid for that work by virtue of the fact that it is included in the description and rate, then he cannot also be paid for sub-base under a separate item.
(ii) 60.6 (the first bullet point) refers to a departure from the method of measurement being a compensation event which may lead to reduced Prices. Accordingly, if the Contractor does prove he is entitled to measure and be paid for the doubled up item, then it will be subject to adjustment by an assessment of the compensation event. Remember, the assessment is made on the effect of the compensation event on Defined Cost rather than by simply omitting the item from the BoQ.
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