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NEC3 Supply Contract Can you claim for plant/equipment Balance Sheet assets as Defined Cost

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A Supplier is providing goods and services under the NEC3 Supply Contract. The supply requires the use of significant plant and equipment. The Supplier owns this plant and equipment which it has fully depreciated in its accounts.

Compensation Events arise which have an impact on the Prices and the Delivery Date. When assessing the changes the Prices, and specifically the effect on Defined Cost:

a.    Should the Supplier be recompensed for the plant and equipment?
b.    If so, how should the amount be calculated?

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