NEC4 Option B - Removal of Items (0 Quantified) in Bill

Good Afternoon,

We are the main contractor on a project which involves the use of an NEC4 ECC option B contract. We were provided with a Bill of Quantities at tender stage which we have priced out. The client has decided that some of the items in the bill are not required and hence, I have not been including these in applications for payment. I was wondering whether the client can remove items completely from the bill in which case, is there no entitlement to payment for these items? My understanding is the contract is re-measurable and hence the quantities for each item can vary and are subject to re-measurement. However, can any items be removed completely?


If the contract has not been amended then sub-clause 60.4 provides for the situation where the BoQ quantities differ from the final total. This is not strictly a ‘re-measurable’ procedure as there are conditions associated with this process, as set out in the bullet points.

If the BoQ aligns with the Scope, then where the Client does not require some items to be completed, the Project Manager would have to instruct a change to the Scope to remove these items, otherwise you would be obliged to complete them and be paid for this work.

Any such instruction would be a compensation event which could reduce the Prices (sub-clause 63.4). There would then be no opportunity to be paid for any of these items as the BoQ would be consequently changed to reflect the CE assessment.

1 Like