We have a NEC3 Option B contract which is nearing completion. An error has been spotted within the Bill of Quantities. The Contractor has not multiplied the rate (£) by the quantity (13 weeks in this case) to get a price. Does the mistake found within the Bill need to be rectified by the Employer or is this the risk of the Contractor and we honour the Bill as it was submitted at Tender? My belief is that the compiling of the items and descriptions in the Bill is the risk of the Employer but populating the Bill is the risk of the Contractor and therefore if he has made the error it does not need to be amended?
Given the Price for Work Done to Date (in part) is the total of the quantity of the work which the Contractor has completed for each item in the Bill of Quantities multiplied by the rate, it is an Employer’s risk.
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Would it be correct then to pay the sum of X quantity x Y rate even though the Price within the BoQ did not multiply these items so the Tender value was considerably less.
Yes, provided the relevant work has bee completed in line with clause 11.2(28). The Prices is defined by clause 11.2(31) and should be adjusted accordingly (lump sums and the amounts obtained by multiplying the rates by the quantities). You may want to ask for a legal view if you believe there was misrepresentation.