We are terminating the contractors works once minor works are undertaken with circa 40 to 50% of remaining works deleted. Deleted works is a compensation event which we will assess and pay the fee on. In a few months time termination will occur, so does the remaining forecast value attract the fee percentage , as this seems to be a double dip.
Under clause 63.1, a negative compensation event attracts a negative fee, as the effect of the compensation event on Defined Costs is negative, so “the resulting Fee”, expressed as a percentage, is also negative.
Assuming that you are not terminating due to a fault of the Contractor, amount A4 in clause 93.2 will apply. This references, for options A, B, C or D “the direct fee percentage applied to … … any excess of the total of the Prices at the Contract Date over the Price for Work Done to Date”. So the Contractor’s fee percentage will be added back in on termination.