NEC3 ECC: Option B Employer omission in Bill of Quantities

NEC3 and NEC4 Contracts Main options
1

Contractor is three months into a project where an Employer has missed out a large chunk of work in the B of Q. The Contractor has not priced for this as there was no where in the B of Q to do so, although there is little argument that the missing works were included on the drawings within the Works Information. I understand that generally it is intended errors in the B of Q generally lie with the Employer, but if this chunk of works is to be done:

  1. is this a compensation event (and if so what clause makes it a CE), and if so
  2. should they have allowed the time in the programme for complying with the Works Information in which case they will only get cost but not time?
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2

This is a difficult area. However, start with clause 60.6 which provides for the PM correcting an error in the BoQ due to an ambiguity of inconsistency. 60.6 then provides that the BoQ is to be taken as being correct for assessment.

Remember, for a CE there is generally no splitting of time and cost. So, here the Contractor should get both the time and the money.