NEC3 Short Form - Incorrect description in BOQ

We are a contractor working under the NEC Short Contract who were provided a bill to price by the employer at tender stage.

The bill has not been measured in accordance with any method of measurement.

There is an item for saw cutting which is described as '‘Saw cut reinforced concrete slab to a depth not exceeding 150mm’.

However we have had to saw cut the depth of slab (400mm).

Can this additional saw cut depth be claimed as a compensation event?

The ECSC does not operate based on a standard method of measurement like Option B of the ECC, the reason being that the ECSC isn’t designed to be used for larger, riskier, more complex projects that require extensive management procedures. Re-measurement in the ECSC should therefore be a much simpler exercise than it would be in an ECC.

Your circumstances sound like a compensation event under clause 60.1(9) physical conditions which were not allowed for or described in the Site Information (clause 60.2). This would entitle you to recover the additional Defined Cost + OH&P% and an extension of time for the additional work.