This is an issue I have always struggled with finding a clear contractual answer to. If there is an item missing from the Client’s Bill of Quantities that was in the original Scope, clearly that is a compensation event under clause 60.6 and I experience little issue or argument with that. Where the argument comes is whether the Contractor should have allowed for that within the programme, as they have to provide the works in accordance with the Scope.
No other compensation event separates time from cost, so any CE will assess the impact for both time and cost. Also 60.7 says in assessing a compensation event which results from inconsistency between B of Q and another document, the contractor is assumed to have taken the Bill of Quantities as being correct.
So should the Contractor be able to consider time (and it would have to be critical to have an effect) for a CE that has been omitted from the B of Q but in the Scope? Taking this one step further, does the Contractor only ever need to price the B of Q at tender stage for option B rather than the Scope (although clearly they should point out any such issues at tender stage and not create a dangerous commercial game here they might TRY to take advantage of)?