NEC3 Option B: Assesment of Bill of Quantities Item in order to assess extent of Compensation Event

Contractor provides the works in accordance with the Works Information (20.1) NOT the B of Q. However, the Project Manager corrects mistakes in the B of Q due to ambiguities which would then be a compensation event (60.6). Also may be relevant would be 60.7 that states that a compensation event resulting from an inconsistency between the B of Q and another contract document (i.e. Works Information).

I guess it really depends on how the B of Q has been worded. The Contractor can only price the B of Q, yet they are to provide the works in accordance with the Works Information. There has to be a test of 60.6 and 60.7 to see if a compensation event is valid (noting the hierarchy of 3D over 2D that has been introduced). Worth noting that any compensation event does not use B of Q rates UNLESS both Parties agree to use them. Compensation events will be assessed from first principles using Defined Cost.

Hard to give an absolute definitive answer in this situation as (as is often the case) the devil will be in the detail here.