Is there an actual statement in the NEC3 Engineering and Contruction Subcontract confirming who takes the risk on an Option B Subcontract. We have priced a bill of quantities provided by the Contractor which doesn’t included all the information in the works information. The Works Information only names the Employer and the Contractor and there is no statement to say that the Subcontractor takes on the Contractors responsibilities in this document. Our argument is that we have priced a BOQ provided by the Contractor and anything not in the BOQ will be subject to a Compensation Event.
Are we correct to make this statement or what is the contractual process here?