NEC ECC: No Sub-Contract Fee Stated in the Contract Data

In the absence of a sub contract Fee, is there a contractual process for implementing a change, or does it come down to a commercial negotiation with the Employer and whatever you can get him to agree to?

Without this negotiation is the legal route the only way to find a solution?

Oh, how many times have I heard this …

My understanding is that if no figure is stated in the Contract Data, then a “fair and reasonable” percentage would be imposed by the courts. (It is definitely not a zero figure) ! I.e. what would be a reasonable market rate for a that type of subcontract.

So far better for the Parties to agree this by discussion, than by resort to legal advisors.

Far better to have it in the contract in the first place.