We are coming to the end on an NEC 4 option B project. The contractor is now submitting remeasurements for a number of the BoQs, even where works have been complete for over 18 months. None of these individually meet the criteria for CE, but when taken in their entirety, we suddenly have a claim which is quite substantial. I understand there is no time restraint on remeasures but is it really the case a contractor can get to the end of a two year project and suddenly produce remeasures for early packages, without warning?
Hi welcome to the community.
Under an Option B the Client carries the risk of the accuracy of the BoQ being representative of the (original) Scope.
I’m not sure why you mention “criteria for CE”. The remeasurement process is not for CEs it is for the original Scope but can result in CEs if certain criteria are meet.
If the BoQ was so wrong then surely you want to ensure the Contractor is paid correctly. Why it has taken so long to become apparent is strange particularly if the programme requirements have been followed but there is no time bar.
I’m not sure why you mention “criteria for CE”. The remeasurement process is not for CEs it is for the original Scope but can result in CEs if certain criteria are meet.
You’ve answered your own question there! I mention “criteria for CE” because none of the remeasurement items meet the certain criteria that remeasurement must meet to be a CE.
There is no issue with the contractor being paid correctly, it is the timing of it that is causing a major headache. We don’t have the detail of what they are claiming as remeasure yet so can’t be certain these are true remeasurements and not due to scope changes arising from site conditions. If the BoQs are this magnitude of incorrect across so many items it would be very unusual for our billing team.
The programme requirements haven’t been met, the project is also massively delayed (there is a whole other, very long story to this contract). I’m just surprised the contract allows for a remeasurement to not be claimed for a very long time, with no requirement for early warning, or time bar.
Sorry I need to clarify my previous post. The Method of Measurement will specify how to measure the original Scope. If you are referring to the Contractor saying there were/are missing items (errors) that are CEs then that would fall under a time bar
The contractor is claiming it is all remeasurement. Until we see the full detail we can’t be sure there aren’t some items which should have been CEs, which we will challenge in due course. My question related only to items which would be classed as remeasurement and you have confirmed you don’t believe there would be any time bar on those.
This is odd.
There isn’t a timebar on the measure. However, the Project Manager should have been undertaking the assessment of the amount due throughout (Cl 50.1), so if there were appreciable differences between the quantities in the original BoQ and the actual work that should have become apparent (along with the need for any CE’s) shortly after the work was done.
What I don’t understand is why that took 18+ months, and I wonder if that masks some other issue.
Believe me, Andy, we are also wondering why it took 18 months! This is one of many, many failures of the project, on all sides. If anything it is more likely the other issues masked this one. One thing seems to be clear though, NEC and difficult refurbishment projects seem not to be good bedfellows!