NEC ECC - Option B Works information vs BOQ

NEC3 and NEC4 Contracts Compensation Events
1

WI has noted a roofing element to be at certain spacing centres. The drawing has commented the same dimensions. The actual drawing dimensions are drastically different to the notes.

The BOQ has measured according to the notes on the drawings, not the actual dimensions. We have priced in accordance with the BOQ.

Our structural steel contractor has replicated the structural engineers design including all of the above, which has been approved by the design team.

Our roofing contractor is now requesting additional monies due to increased material costs due to the reduced spacing centres of the roofing elements that differ from the BOQ that he priced originally.

The PM advised me that everything was in the WI and this is my issue. I believe there are ambiguties and inconsistencies within the WI and this would fall under CL 60.6?
Apologies for the essay!

2

You are right that there are ambiguities in the WI if there is a conflict of the spacing centers (note, the BoQ is not WI). Having identified the inconsistency this should be notified to the PM for resolution under cl 17.1.

The PM is obliged to give an instruction to resolve the ambiguity and since the ambiguity exists within the WI, the instruction would be a change to the WI and a CE under clause 60.1(1). Refer to clause 63.8 for guidance on how the CE is required to be assessed.

Clause 60.6 is intended to provide for where the BoQ has not been prepared in accordance with the Method of Measurement and is not applicable in these circumstances (presuming the work has been correctly itemised).