Included within data part 2 of the subcontract agreement, under data for the Shorter Schedule of Cost Components, is a reference to schedule of rates to be used for assessing People costs in compensation events. It is our assessment that the use of this schedule is by agreement only despite them being included within the subcontract agreement. Is this correct?
Also within the schedule there is a clear error in calculating the rates as in effect they have been double counted in certain elements however the Subcontractor is refusing to agree that they should be corrected and is demanding to be paid as per the schedule. We have instructed under clause 17.1 that this is an ambiguity and provided options to resolve however again the Subcontractor refuses to accept it as an ambiguity. Can you advise a way forward?