The Employer tendered the contract on an NEC3 ESCS. However when putting the Price List together, it supplied a Bill of Quantities for the Contractor to price similar to that of an Option B ECC contract.
Items for testing various stages of the works is included in the BOQ however there is one test missing. This test is however included in the Works Information.
Under ECC the risk for an item missing from the BOQ but in the WI would be the Employer’s risk.
Under ESCS does the risk for an item missing from the BOQ (in essence the Price List) but which item is in the WI move to to the Contractor?