The BoQ under this contract is measured using NRM2, the BoQ only contains one lump sum for Prelims without division into the rules as per the method of measurement which is a mistake (60.6).
Should the Contractor notify this as a compensation event under 61.3?
As a Compensation Event the contractor is due defined cost + fee, how does this work in respect of delay, would the Contractor still be required to prove delay using the Accepted Program? Or would this (under the rules of SSCC) result in the Contractor recovering the allowed prelim costs + fee in it’s entirety?
There are two separate compensation events here :
For a mistake in the BoQ which needs to be corrected (from memory as I don’t have the contract in front of me) under clause 60.6; and
One which results in delay - the actual compensation event needs to be found in clause 60.1. Time is assessed under clause 63.3 of NEC3 and the default for assessing the change to the Prices is 63.1 i.e. change in Prices = change in Defined + Fee, regardless of how the Contractor originally priced the works. However, by agreement clause 63.13/63.14 can be used where the existing lump sums &/or BoQ rates can be used as a basis. BUT that is by agreement.