Construction Tolerences and Bill of Quantities

NEC3 and NEC4 Contracts
1

We have a subcontractor installing type-1 stone to the underside of a new asphalt footpath (NEC3 ECS Option B).
This stone is specified on the drawing (and the Bill of Quanties) to be 80mm thick, however there is a tolerence range of +10mm and -30mm within the specification.

The subcontracor is laying and trimming the stone to 50mm thick and claiming the 80mm BOQ item in their application, stating that the stone is within tolerence. However, -30mm represents a near 40% reduction in depth.

Whilst the subcontracor appears to be within their contractual rights to lay the stone at 50mm, is their claim against the 80mm BOQ item correct, or would there be grounds to address the rate via othe Option B compensation event mechanism?

2

The BoQ is to value the work, it is not Subcontract Works Information. The Subcontractor is required to Provide the Subcontract Works in accordance with the Subcontract Works Information so if it lays the stone within tolerance it is in accordance with the Subcontract Works Information and the BoQ rate should be used.

1 Like