NEC ECC: Ambiguity a CE?

Preambles shows fencing to be painted and the 400series drawings state the same. But the contractor is disputing painting is not stated in the in the BoQ so are claiming a CE to paint. What takes presidence here?

It is option B

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You need to refer to the Method of Measurement that the BoQ was prepared on.

This should be stated in Contract Data Part 1.

The Method will set out how the work needs to be described in the BoQ and what item(s) should be provided for pricing. The item coverage to the item(s) will clarify what the rate should include for (when read in conjunction with the Works Information).

I think the problem here is how you draft the Method of Measurement. If the item coverage of constructing a fence covers the painting requirement, then the Contractor should paint in order to receive payment for that item.

If the item coverage fails to incorporate painting requirement, then the painting of fence may constitute a missing item in BQ and hence become a CE under Clause 60.6.

Worse, if you mentioned the painting issue in the Method of Measurement only, the Contractor has no obligation to paint as it is not mentioned in the Works Information (Clause 11.2(13), Clause 20.1 and Clause 11.2(19)). You may wish to change to WI to cover the painting under Clause 14.3, which eventually become a CE (Clause 60.1(1))