Can a CE allow the Fee Percentage to be adjusted?

Hi.
Due to the change in law in terms of the changes to National Insurance i.e. the increase in the employer NIC rate and a reduction in the secondary threshold for employers, we are able to recover the “direct” costs via a CE. I was wondering if it would be possible to recover the additional costs incurred in relation to the charges for overhead staff members? For example our Head Office people now cost us more to employ, however, as the cost of these people can only be recovered via the fee percentage then we are unable to obtain compensation for these costs. I’m almost certain the fee percentage cannot be adjusted due to a CE.

I think i know the answer but it does prompt an interesting discussion.

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A CE can only lead to a change in the Prices or the Completion Date, not the Fee.

The Fee is stated in the Contract Data and could only be changed by written agreement between the parties/a Deed of variation.