NEC3 TSC: Is the Contractor entitled to claim the costs borne for preparation of a compensation event quotation under TSC Option A?

NEC3 and NEC4 Contracts Compensation Events
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Is the Contractor entitled to claim the costs borne for preparation of a compensation event quotation under NEC3 TSC Option A?

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If you were under the ECC, the answer would be ‘No’ as this cost is explicitly excluded from the definition of Defined Cost.

However, there is not the same provision under the TSC so it could be argued that without this express provision, the answer is probably a ‘Yes’ … but it is by no means a definite.

However, under clause 63.2, there does have to be a change in Defined Costs. E.g… if you are a salaried employee who works a Saturday to prepare the quotation, but are not paid any overtime for doing so, then there is no change in Defined Costs.