The Contractor has priced for working in a restrictive condition within an existing building (generally adds 50% to time and cost above normal working) and this is included in their Target Price. If that restrictive condition does not materialise, either in whole or in part, can the Employer issue an NCE stating this and ask for a quote which would have the effect of reducing the Target Price and associated fee? I am assuming so because of what clause 63.11 states however I believe time cannot be reduced so terminal float would exist.
As an aside to this situation, what does the Panel think as to whether this should/would be included within a Target Price at tender stage? If working in a restrictive area is virtually unquantifiable (and is then clearly an Employer’s risk) during the creation of the WI and other tendering documents, it would appear best to “ring-fence” this out of the Target Price however I can see pluses & minuses in both cases.