JCT 2016 w/Contractors Design - Correct valuation for reduced scope of works

JCT Contracts General
1

The contractor is signed up to complete the works on a fixed price lump sum basis. The design has changed so there is now less drainage to install from the drawing that was included and stated within the order.

The BoQ which the lump sum is based on has not been measured accurately and the client is omitting the total value of drainage works from the BoQ and replacing it with a new value based on the new measure and the existing rates stated in the BoQ. This results in a significant reduction as the incorrect measure was in the contractors favour.

Should the change be measured in the difference between the drawing revisions and only the rates used from the BoQ to calculate a fair amount to omit from the contract?

2

The Employer is correct to re-measure the actual amount of drainage you have constructed and omit the work based on adjustment of the quantity stated in the BoQ. However, this error in quantity is a Variation entitling you to value the work using a fair rate provided that the error significantly changes the quantity of work.