The NPD/hub Contract provides for a High Value Change Proposal to include information on, amongst other items:
"3.4.6 any requirement for relief from compliance with obligations, including the obligations of DBFM Co to achieve the Actual Completion Date by the Completion Date [the Phase Actual Completion Date by the relevant Phase Completion Date] and meet the requirements set out in the Authority's Construction Requirements and/or the Service Level Specification during the implementation of the High Value Change; ...
3.4.8 any amendment required to this Agreement and/or any Project Document as a result of the High Value Change;"
This is to cover the issues that:
> Project Co might require relief from deductions to an extent during the agreed period for the carrying out of the works required to effect the Change to the extent that these are caused by the Change being affected (e.g. if access to a room is affected); and
> There might be amendments required to the Project Agreement (or Project Documents such as the FM subcontract as a flow through issue) if, for example, the FM SLS or calibration of the payment mechanism requires to be adjusted or a third party is to be responsible for a heat source (such as in case of connection to district heating).
Any amendments to the Project Agreement would be agreed as part of the finalisation of the Project Agreement and is normally documented by way of a supplemental agreement.
Provide lifecycle and maintenance costs are taken into account the intention would be to achieve a position where the FM SLS and payment mechanism continue to operate for the whole of the facilities in the same way as before. This is consistent with Project Agreement definition in the NPD/hub Contract of Facilities:
"[the buildings and other facilities, together with all supporting infrastructure (including the Plant and [the Group 1 Equipment]), external hard-standings, specialist surfaces and other amenities located on the Site (including as a minimum all aspects detailed within Appendix B to Section 1 (Service Level Specification) of Schedule Part 12 (Service Requirements), as required to enable DBFM Co to comply with its obligations under this Agreement, all as the same may be varied, amended or supplemented from time to time in accordance with this Agreement];"
As indicated above an exception would be where the heat source is under the control of a third party (as is the case in respect of district heating) where different considerations would apply.