The Contract was let as an Option C target based contract with incentivised fee. It was changed (for complex reasons), by agreement, removing the incentivisation and target cost and introducing a fixed fee for a fixed scope. The fee would only be adjusted if scope increased or the WI changed via a PM instruction.
If, under collaboration/integration with the Contractor, the Employer and Contractor agreed to maintain a schedule of opportunities and opportunities arose that were agreed and prioritised but ultimately allowed the Contractor to mitigate his risk, would that work be classed as instruct-able and suitable for fee increase? This opportunity work does not change the WI, introduce additional scope or have any effect on planned works. I see the associated costs with introducing and implementing opportunity work as defined and payable cost and within the Contractor’s gift to undertake as the associated work is done to meet the WI and deliver the Works. The question is instruction, compensation event and increased fee and whether these are mandatory. As you will appreciate the theory is to spend a little to gain a bigger opportunity that benefits both parties, clearly something that should be prevalent under a true Option C target contract. The only difference is here there are no Prices to change as such.