Can a Contractor claim for a loss of opportunity claim under NEC Option A?
Contractor claims that a delayed start has prevented it from earning overhead and has submitted a compensation event. Calculation is based on the amount of work it would have completed multiplied by the direct fee in the contract. I don’t believe this is a true calculation of loss (even though by the premise of the CE’s a contractor should be no better or worse of as a result of the CE). Does the direct fee cover this or would it be up to the Contractor to effectively produce a common law type claim for “damages”?