NEC3 ECC Option B: Contractor has not priced an item in the Bill of Quantities

NEC3 and NEC4 Contracts Main options
1

I am working for the Employer on an NEC3 ECC Option B.

The Bill of Quantities has included an item for a storm sewer connection however, the Contractor did not put a cost against this item as part of their tender. The tender was then accepted and price included as the tendered Total of the Prices in the Contract Data.

The Works Information states that we as the Employer shall pay fees for utility connections etc. directly to the utility provider.

As the Contractor has not priced the item in the Bill are they entitled to a compensation event, either under 60.1(1) if we change the Works Information to ask the Contractor to pay the connection fee, or under 60.6 if we resolve an inconsistency between the Bill and the Works Information?

Grateful for any advice.

2

The quick answer is yes, if the Works Information states the Employer will do X and the Employer now wants the Contractor to do X it is a compensation event (60.1(1)).

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