NEC3 TSC option A.
I have a situation where monthly assessments submitted by Contractor apply direct, indirect and management fees to the cumulative total of all works carried out and prelims. There is no compensation events within this total and all work carried out are costed as per the price schedule provided before contract was formalised.
My understanding is that fees are not additional to price list clause 11.2(17) and (19) and should only be used in compensation events clause 63,1 and 63.2.
I do not believe the Contractor should be adding the fees to both the works and prelims however, the price list provided before contract formation gave this example.
My question therefore is as following - does the fees form part of the price list given that the example given at tender stage demonstrated that fees would be applied to all items on the price list?
Interested to hear your thoughts.