When applying indexation uplifts to agreed rates/task orders within a NEC3 TSC , under Series 4 Highways Maintenance PAFI - can you help me understand the difference between the Professional Services and Time Charge Out categories. If the contract is silent on which category should be applied- how should you correctly determine which to use, noting that one rate is lower than the other and the client may always want to apply the lowest rate. Where can I get hold of detailed definitions of what is included in each category.
Unfortunately we are unable to answer this question without a detailed analysis of your contract. Based on the detail in your question it would appear that your contract is not based on a standard NEC3 TSC and the answer will depend on understanding how the Z clauses and Price List have been put together…
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