NEC PSC - Not delivered full scope

NEC3 and NEC4 Contracts Compensation Events
1

Have a situation that I would like some advice on.

The Consultant has been appointed under an NEC3 PSC option C contract.
As part of the scope the Consultant was issued a list of items that are to be delivered as part of the Scope/contract.

As the projects progressed, some projects were stopped at no fault of the Consultant. As they have not delivered the full scope of the project, we were going to look at a negative CE against the items listed in the scope that were not delivered.
The Consultant is saying that they still delivered the outcome of the project and it wasn’t the Consultant who cause the project to stop so we should not be looking to reduce the fee.

Is there any reason why we should not be able to reduce the fee due to the reduced Scope?

2

If for some reason they can not provide all of the Scope that they were due to provide, then you should give them (have given them) an instruction to not do that element of work. Yes this would then be a compensation event and you should request them for a quotation (for the saving). They should then asses the cost that the work would have cost them to do - less any cost that they have already occurred for that element of works (if any). They cant just say it wasn’t their fault the work was not able to be done and claim that the Prices (i.e. option C target) should not move.