Fee on CEs where the BoQ rates are used

If both parties agreed to use BoQ rates for a CE can you still add the CE fee to them or is the fee deemed to have been included already as BoQ rates have been used?

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No, if you agree to use rates and/or lump sums to change the Prices (see clause 63.2) instead of Defined Cost plus the Fee, the fee percentage is not added. The costs covered by the fee percentage (see 52.1) are already included within the Prices i.e. the BOQ rates and lump sums.
The definition of the Fee at 11.2(10) is the amount calculated by applying the fee percentage to the amount of Defined Cost not rates and or lump sums.
All clauses references are to NEC4 but the same principle applies if it is NEC3.

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Steve - Would you agree this also applies to a contract schedule of staff rates? Staff rates are commonly included in the Contract Data, I have seen recent instances where contractors are pricing CE’s using the schedule of rates from the contract, and wrongly trying to applying the fee percentage on top. I would view the schedule of rates as being “all inclusive”.

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