To add further context to the last question: (we are employed under a PSC, main contract option c target) Our targets for hours for the last few months have been exceeded, we have used up extra resources (3 people instead of 1 with minor assistance). This was as a result of the Contractor not following our drawings, and needing further information to correct the mistakes. We have been invoicing for these hours (and the Contractor has been paying) we reached the target price a month ago and they are still paying. What are our obligations and considerations with regards to fee?
Remember clause 21.1: “The Consultant Provides the Services in accordance with the Scope”. If you are being asked to do something that is not part of the Scope, i.e. redesign as they have deviated away from the original compliant scope then this is a compensation event under 60.1(1). This should then have been quoted and implemented changing the target cost accordingly. They are rightly paying you for the work done as part of Defined Cost, but it appears that you have missed capturing these elements as a compensation event. You are not time-barred on these, as the Employer (in your case the Contractor) should have notified to you it was a compensation event and requested a quote. The quote is then based upon the additional Time Charge that was forecast to be necessary.