NEC3 ECC: Is the Method of Measurement for Highways Work apllicable to an Option C Target Cost?

NEC3 and NEC4 Contracts General
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The Midlands Highway Alliance Medium Schemes Framework 1, Part 5: Works Information states that “The Bill of Quantities has been prepared in accordance with the Method of Measurement for Highway Works…”

Our PM beleives and is assessing the TC and EW/CE’s in line with the above statement.

As a Principle Contractor we beleive that the SHW MOM is not applicable to an Option C contract. The MHA Preambles refers to a Bof Q which does not form part of this contract.

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Unless the contract says anything to the contrary - almost certainly in the option Z clauses if it does - then you are right.

Clause 63 generally, and 63.1 in particular, govern how compensation events are assessed. The change in Prices is based on change in Defined Cost + Fee, not tendered rates.

Only option C clause 63.14, allows for rates and lump sums to be used, BUT only by agreement which, reading between the lines, is not the case.