We are in the situation whereby works on site under an ECSC are fully suspended until such time as the utility providers servicing the site agree wayleaves with the Estate. This is an Employer risk as the Contractor priced on the basis of undertaking the work with permissions in place.
The Contractor has submitted his CE quotation based on a weekly charge essentially for prelims and people (his management staff) costs. The Employer doesn’t accept that he is actually incurring these costs as the staff are engaged on other contracts and not sitting waiting on this project re-starting.
How would Defined Costs in this period of suspension be calculated?