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?