NEC3 Option A - Working Area and defined cost of design.

We are using a NEC3 Option A, and have Hourly rates for defined cost of design outside the working area, which details various staff titles from our designer.

When we are quoting a CE, we use these rates form Design time, but is there any mechanism for recovering designers time for specific staff members that are not detailed in the Contract Data Part 2 ??

There is no formal mechanism however if the person has done work in relation to a CE then you are entitled to be paid the Defined Cost for the work that was done. Although clauses 52.1 (Defined Cost includes only amounts calculated using rates and percentages stated in the Contract Data and other amounts at open market or competitively tendered prices …) and 63.14 (if the PM and the Contractor agree, rates and lump sums may be used to assess a compensation event) will help. I would propose to the PM that one of the other rates for design is used as the basis of the assessment for this person.