Background: main Contract is ECC Option C, each Project is a CE:
We have a project (CE) that had a critical start date which was delayed after the CE was accepted by the client. An EWN was raised stating this could effect time and cost.
Subsequently this project (CE) was then withdrawn under a PMI advising work no longer required.
During the delay plant was held by our sub contractor ready to meet the imminent start date.
Our client has refused this cost stating it is not defined cost as no work has been carried out and also that we did not advise them they were at risk.
My take is that the EWN raised advising it could have associated cost and time. No formal instruction came from the client to price this and in fairness neither party discussed this at various meetings as it was always felt the work would start the following week, (repeatedly) until the project (CE) was pulled.
In the spirit of the contract I approached our client before submitting these costs to agree them upfront once I became aware of them after the works were withdrawn.
They say that as we did not inform them at the time what the costs of delay might be (to allow mitigation) and the fact that we have not applied for them within our applications, they are not defined cost and they will not pay them.
Any thoughts on this, if positive what clauses should I quote.