Hi, I am working on Option B of NEC3 contract.
In the BoQ, we have an item of “pre-boring of pile shaft exceeding 60m but not exceeding 65m”. According to the Drawing the item is for socket piles.
If we change the design to friction piles with similar depth range as the BQ item, is the BQ item still valid for measurement of work done or we shall assess a new item (with same description) by Defined Cost + Fee under a CE?
From you question I have understood that you are working for the Employer/Project Manager as opposed to the Contractor.
I have also assumed that the contract is client design including these element of work (given the statement “If we change …”).
The change to friction piles would be a change to the Works Information and therefore a compensation event. The assessment of the compensation event would be the change in Defined Cost + fee due to the change in pile type. Note the Defined Cost + Fee of the original piling would not, unless agreed otherwise, necessarily be the value in the BoQ.
Thank you for your prompt and kindly advice
I am confusing about the applicable of Clause 60.7 i.e. the BoQ is assumed to be correct
As advised, if there is ambiguity/inconsistency between the BoQ and other documents, the BoQ is assumed as correct.
If item for drainage pipe with granular bedding is provided in the BoQ, and the Works Information states the bedding is concrete surround. Subsequently, the PM clarifies granular bedding should be constructed i.e. as stated in the BoQ.
In this case, which of the below is correct:
1 - There is a change to Works Information, PMI/CE is required. CE should be assessed by Defined Cost + Fee.
2 - Even the Works Information is change, it is a clarification only and BQ is assumed as correct. As such, the drainage pipe should be measured under the BQ item.
if the Contractor or Project Manager has raised the issue as an ambiguity (17.1) the the PM gives an instruction resolving the ambiguity. In the case you have described this would also need a change to the Works Information and would be a CE. If the instruction did not come about because of an ambiguity, it was just the PM instructing a change it is a change to the Works Information and a CE.
If it is clear that the bill item relates to the same item of work then the assessment of the CE (additional Defined Cost + fee) is £0 because the bill item is assumed as being correct and there is no change in Defined Cost.
in summary, a PMI/CE would be required because there is a change to the Works Information that the Contractor is to provide. The change would be a compensation event. The assessment of the CE would be £0 (provided the Contractor had not started work, ordered materials etc for the original work in the Works Information in which case that would need to be assessed).
Thank you very much again and sorry for too much question