Based on your response to this question, I have a similar situation about to occur on a project which involves works being undertaken under a combination of both a day and night working regimes. Our BQ identifies each item of works as being either Days or Nights, with a sub note that says ‘assume Day working unless otherwise noted’.
Works have commenced and it is becoming apparent that there are a large number of items of works that have been undertaken at night for which there is no BQ item. Some of these items were measured in the BQ but as ‘Days’ whilst others were not measured at all. I feel the items missed in their entirety from the BQ will be easy to assess, i.e. Defined Cost + Fee. but it is the items for which there was a ‘Day Working’ rate but not ‘Night Working’ that is causing me doubt. Should these items be assessed simply as the extra over cost of Night working in lieu of Day working or should they be assessed as the total defined cost + fee. My reservation is that there has been no change to the Works Information that has given rise to the change from days to nights nor any instruction, just that the Night working item has been missed. There is insufficient information to be able to determine a) whether these works were always intended to be undertaken at night and therefore just a BQ omission or b) whether the works were intended to be undertaken in the Day (as per the BQ) and have shifted to Nights due to revised traffic management phasing?. The only guide we have is the sub-division of works provided by the BQ, which we take to be correct. Can you please advise on the correct approach? If the e.o. route is considered the most appropriate for those items shifting from day to night, would the correct approach be to fully assess the new ‘night’ item at defined cost + fee and then fully assess the original bq ‘day’ item at defined cost + fee to arrive at the extra over cost with the original BQ rate being ignored in the assessment?