We are a subcontractor who could not start work due to the Contractor’s delays. As we are a production factory and our subcontract is a supply and install under ECC option A, we have engaged a subsubcontractor for the installation works which had to be available from the start of the job.
When claiming for the subsub’s project manager time during the delay period, the Contractor refused to agree this cost even though we have submitted their time sheets showing time allocated to this job. Furthermore, we have mitigated their involvement, through requesting the subsubcontractor to only allocate half a day per week during this period and the reason being is that we did not want the subsub to allocate his PM elsewhere; as they were required to review and produce a number of documents during this period in addition to the multitude of revisions that were required.
The Contractor feels that this is not a Defined Cost as per the shorter schedule and fears that this cost will be disallowed by their client. How can we demonstrate our entitlement in line with our subcontract?