NEC Supply Contract
We are a subcontractor on a project which has been delayed by contractor, and majority of work was put on hold. When submitting a quote for a CE we have included prelims for the delay. We calculated them by dividing the cost estimate by the original duration to give each management type a cost per day, and the multiplying by the delay duration. I feel like this is a standard way to calculate prelims and have done this for many other projects the same way.
The contractor is disagreeing with the prelim calculation and arguing that while the work was on hold then management prelims shouldn’t be included as no one was working on the project. I argued that while on delay the management team are still assigned to the project and additional workload can’t be assigned to them until the project has ended.
Contractually, who is correct? Is there any specific clause I can look to for guidance on this?