Contractor Attendances - No BOQ Item

[Craig83]

Community - pre-empting a discrepancy/discussion that may give rise to a contractual debate further down the line.

Form of Contract - Option B
The works Information contains schedule of attendances to be provided by the Contractor. However, a specific item of note does not have a BOQ item whereby the Contractor can recover based on works performed. Would also add the BOQ has not been measured in accordance with the stated method of measurement otherwise the item should have been in the BOQ.

I assume the Contractor will request a CE when it becomes apparent that there is no BOQ item, however the client will not be changing the WI.

How should this be handled - The client will no doubt initially attempt the position that the Contractor has priced the WI and as such is Contractors risk to price all requirements?

Thanks in advance.

[Jon_Broome]

You don’t say whether this is NEC3 or NEC 4, but it does not matter as the clauses stay the same>

For NEC3 ECC, option B clause 55.1 states that “Information in the Bill of Quantities is not Works Information or Site Information” (equivalent clause in NEC4 is 56.1), so if it is the BoQ but not the WI, you don’t have an obligation to do it … the PM would have to add it in to the WI.

In your case, it is the opposite way around - it is in the WI but not the BoQ - and option B clause 60.6 (for both NEC3 & 4) applies, but here is the NEC3 wording:
“60.6 The PM corrects mistakes in the BoQ which are departures from the rules for item descriptions … in the method of measurement … . Each such correction is a compensation event … .”
“60.7 In assessing a compensation event which results from a correction of an inconsistency between the BoQ and another document, the Contractor is assume to have taken the BoQ as correct.”
In other words, you priced on the BoQ which is now being corrected = a new item.

However, many Employers/Client write in an amendment to say that if they miss out something, tough, so check the Z clauses.