A price is agreed with a contractor and the contractor is awarded the contract, if he then completes less quantities, i.e only 200m of kerbing vs the BoQ 400mm of kerbing, the PWDD on final account would only be the 200mm correct?
I suppose what I am asking is if the contract award letter states £500,00 but only measures at £250,000 on final account , he wouldnt get the £500k regardless of what the contract award letter stated?
If thats the case then surely its better to have higher quantities in the BoQ for the contractor to price rather than lower quantities and then taking CE’s as the additional would likely be over the 0.5%?
Thanks
If you followed that logic, you would be probably walking on thin ice; I explain below.
The Contractor is obliged to Provide the Works in accordance with the Works Information (clause 20.1). Any inconsistency between the contract documents, e.g. between the Works Information and the BoQ, should be notified by either the Contractor or the Project Manager as soon as they become aware of it (clause 17.1); the latter is obliged to give an instruction to resolve the inconsistency in accordance with the same clause.
Now, clause 60.6 states that the Project Manager is also obliged to correct mistakes in the BoQ which, among other things, are due to ambiguities or inconsistencies, and each such correction is a compensation event. Lastly, in accordance with clause 60.7, in assessing the compensation event arising from a correction of an inconsistency between the BoQ and another document, the Contractor is assumed to have taken the BoQ as correct.
Do you still believe that it would be better to have larger quantities in the BoQ? How likely is it that you will avoid any inconsistency between the BoQ and another document? (assuming NEC3 as in your previous query).
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