I am currently working on a refurbishment contract with a very poor BofQ prepared at tender stage. Four months into the contract it is evident there is significant items included in this BofQ that are not being done and the Project Manager has taken it upon himself to omit these from monthly payments.
There is no priced preliminaries section in the contract documents with the cost for said prelims spread across the BofQ rates for the works. We are losing money on the project as a result of this remeasurement and to date there have been no early warnings or compensation events raised on the job.
Can this remeasurement take place without an early warning and do we have a case for a compensation claim on the basis the tender documents provided do not accurately reflect the work required on site.