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JCT: Remeasuring items
On a re measurable contract, our estimator failed to properly sum (=SUM(XX)) his rates on the BoQ and subsequently provided a price circa 10% less than what it should have been, an order was then instructed on that value. Despite providing immediate notice of this error, the main contractor insists that we have given them a 10% discount which is reflected in our interim valuations. Of course it was only our bottom line figure that was incorrect, the rates x the remeasured quants will still equal our entitlement yet they persist to apply the discount. Are they allowed to do this?
The contract is JCT Standard Building Contract 2016 w/ Quantities. Could anyone provide insight/direct me to the relevant clauses on this matter?
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