NEC3 ECC: Would I keep my direct fee for works removed from the scope?

Imagine in an example I had done all the works to the football pitches apart from bring in the top soil.

Do I keep the direct fee on works that has been removed from the scope?

If I had not done any work on the ground, but had done all off the necessary planning and pricing of the works would I keep my direct fee then?

Can you point to the supporting authorities for the answer?


Your answer is in clause 63.1. You assess the compensation event as actual defined cost already incurred (up to point when instructed or notified), forecast defined cost of remaining work PLUS the fee. Any cost you have properly incurred you would not give back in the quote, and you would include fee. If you have done all the planning and preparation (and can prove that) then that should similarly be taken into account so there would be less of a saving (plus fee) to give back.