NEC ECC: Termination fee Option A item A4 no fault termination

The total of the prices at Contract Date is obviously un-escalated. Where CPA is applicable, Is it correct that the PWDD will include escalation per the CPA formula thus reducing the fee to be paid or should the escalation be stripped out so that apples and apples are being compared? Should the PWDD include ALL compensation events? For example significant EOT CEs where no change to the WI has taken place and the EOTs are directly attributable to delays by the Employer?

The PWDD does not include amounts for price adjustment, it sits outside this therefore you are comparing the PWDD to the total of the Prices without taking account of inflation so the Contractor’s entitlement to the direct fee percentage is unaffected by amounts paid for inflation.

The PWDD will include the total of the Prices for completed activities and when a CE is implemented the changed Price is added to the Activity Schedule and when completed can be included in the PWDD as for other activities.