Depends if the reason for the reason for "actual delay" is a compensation event or not. If it is a compensation event then potentially yes (as long as they can prove it is an element of Defined Cost), otherwise if not a compensation event then there is no way for the Contractor to recover this cost.
Answer also depends on which ECC option you are working under. If this is option C, then any overspend by the Contractor that is not dis-allowable is shared under the pain/gain mechanism.
If ever a Contractor says "can I claim for this thing", my answer is always "show me where in clause 60.1 that thing is a compensation event" then yes you can clam for it.
Answer also depends on which ECC option you are working under. If this is option C, then any overspend by the Contractor that is not dis-allowable is shared under the pain/gain mechanism.
If ever a Contractor says "can I claim for this thing", my answer is always "show me where in clause 60.1 that thing is a compensation event" then yes you can clam for it.