NEC3 ECC Option C
We have Defined Cost rates per hour that have been agreed by the Client and used to calculate amounts due in payment applications.
These hourly rates are based on a 50 hour working week within the Working Areas. The relevant people are being paid by us for 50 hours, although in some instances they do not actually work the 50 hours in the Working Areas (there is an element of an early finish on a Friday for example).
The client is now re-visiting historic payment applications and reducing the hours paid based on electronic clocking system that indicates that hours in the Working Areas were less than 50 in many instances.
Do we have any recourse to re-negotiate the hourly rates based on say 45 hours (i.e. our defined cost rate would go up but our cost to employ would not change because our personnel are still being paid for 50 hours)?