We are working as a Sub-Contractor on an NR8 Form of Contract. There is a BOQ, and an agreed sum is stated in the Contract. Irrespective of it being re-measurable, the quantities are immutable. The Tender Sum is immutable, but when the estimators messed about there were no formulae in place i.e. Qty times Rate. So we have lumps of money for each item of a specific quantity.
If the lumps of money were changed owing to a site visit, but not divided by the Qty to produce a new rate - are we stuffed? As it stands the qty’s times the rates will NOT produce the tender sum. I know in the old days under ICE 4 errors were inadmissible, if the rate was incorrect, but in those days the tender sum would have been based on the Qtys times the Rate and reflected an accurate tender sum, in this instance we would be doing the prescribed amount of work (assuming the quantities never changed), but we would not attain the Tender Sum!!!
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NR8 is I believe based on the Infrastructure Conditions of Contract (ICC) measurement version dated August 2011?
I think that you have probably answered your own question.