We are a subcontractor working on an NEC3 - Engineering and Construction Subcontract Option B. The Main Contractor has instructed us to stand down on a number of occasions (typically for a period of 1-2 weeks) due them being unable to provide access to the agreed working areas.
When instructed to stand down, we have the option to de-mobilise our plant and this cost is covered by a de-mobilisation/re-mobilisation rate within our price list. The issue is that the short stand down periods do not enable us to make arrangements to allow the plant to be utilised elsewhere. Additionally, a specific piece of plant has been modified for the works which prevents its transportation, so for it to be de-mobilised, it requires a fitter to travel to site and remove the modifications. This will then have to be re-installed when we return to site. Due to this, we have opted to leave our plant on site but are now incurring plant stand down costs as a result.
We are proposing to claim the for the de-mobilisation/re-mobilisation rate within our price list each time we are instructed to stand down (as opposed to the plant standing costs which is the higher of the two). The Main Contractor disagrees with this and is refusing to pay the bill rate due to our plant being left on site.
Please can you offer some advice on what you believe we are eligible to claim?