We are currently using the NEC3 option B contract, we are at the completion stage of the project, the client has asked us to procure items that were specified in the BOQ but not quantified. They have a provisional sum instead, how do we add our profit into items in the provisional sums?
Provisional sums should not be used with NEC. The Works Information should clearly set out what the Contractor is to provide.
If the items were not in the original Works Information then they should be instructed under 14.3 and treated as a CE under 60.1(1). The CE would then be evaluated on Defined Cost + Fee.
If the items were included in the Works Information then you may have an argument that there is a mistake in the BoQ that needs to be correct in accordance with 60.6 and this would be a CE. The CE would then be evaluated on Defined Cost + Fee