NEC ECC: Item in Scope but not in BofQ for an option B contract

An item of work is in the Scope but not on the BofQ. The Contractor had not noticed that item at tender stage, they clearly have NOT allowed for that within their first Accepted Programme, and there was no where in the BofQ for the Contractor to price for it.

Two months into the job and the Project Manager has agreed that omissions in the BofQ are a Client risk and has agreed this item is a compensation event and has requested a quote. This will involve an extra week on the critical path works that is unavoidable. Whilst they agree this is a CE for an increase to Prices, they are saying that we should have allowed for the time element within our original programme as 20.1 states the Contractor provides the works in accordance with the Works Information, and 31.2 states that the programme should show ‘the order and timing of the operations which the Contractor plans to do in order to Provide the Works.

As a Contractor I see no other area in the contract where a CE can attract cost only not time, and I think we should be able to claim an additional weeks prelims for the planned Completion moving unavoidably by one week for something that was not in the original programme.

Thoughts?