NEC3 Option A Fee not applicable

NEC3 and NEC4 Contracts Compensation Events
1

I have come across a situation whereby there are multiple delays to the programme and movement of key dates under Contractor Instructions. This has led to multiple compensation events. However, as per Cl 65.3 I do not believe that any fee can be added as none of the CE’s are of the kind referred to in the clause, meaning that the fee cannot be adjusted. The Contractor has included all Key Dates in the Subcontractor Data and there is nothing referenced in the Subcontract Works Information which rules out 60.1.1 as far as I can see and none of the other scenarios are applicable either.

Am i understanding that correctly or is there possibly something I am missing?

2

From what you have said it sounds like you are under an NEC3 Engineering and Construction Subcontract (ECS).

If the Contractor has instructed a change to a Key Date under sub-clause 14.3, then this is a compensation event under sub-clause 60.1(4). All compensation events are assessed in terms of the effect on the Prices and time, which includes Key Dates. It seems like there has been a change to a Key Date which hasn’t affected Defined Cost, therefore there isn’t anything to apply the Fee to.