NEC ECC: Discrepancy between Bill of Quantities and Works Information in Option B

NEC3 and NEC4 Contracts Compensation Events
1

Upon review of the Bill of Quantities in conjunction with CESSM 4 there is no item in the Bill of Quantities to include for the breaking out of concrete. The WI states that we are to carry out these works. My interpretation is, as the Subcontractor
 The risk in producing and verifying the Bill of Quantities lies with the Contractor
 Bill of Quantities has not included this element to price
 Clause 20.1 requires the Subcontractor to provide the works in accordance with the Works Information.
 Under clause 17.1 this is an ambiguity or inconsistency between contract documents and therefore the Contractor should give an instruction resolving this matter.
 Clause 60.6 states that the Subcontractor corrects mistakes in the Bill of Quantities which are due to ambiguities or inconsistencies. It also states that each such event is a compensation event.

The question however is if there is an error in the BOQ can you claim both the time and cost associated with the event or just the direct cost ?

2

All compensation events in the unamended NEC include for the assessment of time and cost … or more precisely, an Increase in the Prices or delay to the Completion Date … with the proviso that the (Sub)contractor has to be able to demonstrate the changes.