NEC3 ECC: Can the Working Areas overhead percentage be subject to change if the Contractor's intended delivery changes from subcontracted to direct delivery?

NEC3 ECC June 2005 (with amendments June 2006), Main Option C.

The Contractor’s tender is based on a specific proportion of the works being subcontracted. However, they have elected to self deliver this proportion of the works, applying the Working Areas overheads percentage to People costs which result in a significant increase in the Defined Cost.

Does the Project Manager have the power to force a re-negotiation of the Working Areas overheads percentage?

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I will keep this brief… No.

Even briefer … No.