Option B includes a BQ of the works, some allowances are included that are effectively Prov Quants, which have been exceeded and new items not in BQ have occurred. THE PM is disqualifying new items, varied increased quantities and revisions to rates reflecting changed circumstances, which I believe is entirely incorrect as the BQ is itself entirely re measurable under Option B.
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I partly agree with your view … … which means I partly disagree !
I agree that if you are doing work for which there is NO item and hence rate in the BoQ, then it is a compensation event under 60.6 (an ambiguity or inconsistency between documents) and assessed as if the Contractor had taken the BoQ as correct (see 60.7). I.e. it wasn’t in the BoQ, so we didn’t price it.
There is also nothing per se in the ECC which says that changed circumstances automatically lead to a re-rating. However, if the changed circumstances mean that it is “a departure from the rules for item descriptions and for division of the work into items in the method of measurement” then “each such correction is a compensation event” (see 60.6) then “each such correction is a compensation event which may lead to reduced prices”. Equally, it may lead to increased Prices.
However, under option B for existing rates it is not a straight case of re-measurement. Clause 60.5 and 60.6 describe the trigger point s for when the CHANGED quantities are assessed at Defined Cost + Fee and then put in BoQ format. I.e. the original quantities are paid at original rate x quantity. These are very low thresholds and a re-rating of the changed quantities can be to the Contractor’s advantage or disadvantage.