The main item in the BOQ is to install a king post wall 125m in length.
The contractor has installed the wall but he has not installed it in accordance with the design. It was supposed to be 1.5m centres for the posts, but some have been installed at 1.75m spacing. The new design has been checked and is still satisfactory and the wall does not require adjustment due to stability issues. The contractor has been paid the BOQ price for the full length even though the spacing has increased.
There are of course several king posts left over due to the increased spacing. We have asked the contractor to extend the king post wall using the remaining posts.
The contractor wants the same rate to be used for the installation of the remaining posts. We consider the contractor has already been paid for installing them when we paid the BOQ full rate, even though he installed the king posts at an increased spacing. Who is correct? Should the contractor be paid the full amount or just for the additional costs in installing panels between the posts. He has already been paid once for installing the posts in the main BOQ item. Is this a COMPENSATION EVENT.