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NEC3 Option B - Defined Cost for BoQ rates

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There are two items for the disposal of soil in the BoQ.
1 - Acceptable material
2 - Unacceptable material.  
The BoQ mainly quantifies all the material as unacceptable however this was tendered at an incorrect low rate.  Following testing, the material was classified as acceptable.  A CE was submitted however the PM has rejected this on the basis of no impact on the Defined Cost i.e. it costs more the get rid of unacceptable than acceptable.  This is correct but with rates in the BoQ for acceptable material and a rate error for unacceptable material is there any grounds for the Contractor to argue here?

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