We have a re-measure contract, while there is some ambiguity in the measurement rules we have demonstrated that our tender rate was based on the billed quantity. The billed quantity can be clearly demonstrated how it was achieved.
Due to the ambiguity in the measurement rules the main contractor insists on only paying a reduced re-measurement. The ambiguity relates to the starting levels.
However this reduction represents a 42% reduction in the billed quantity and that one item (re-measurement) represents a reduction of 25% of the original contract sum.
Contractor says there is no chance of a re-rate. Our tendered rate build up also relates to time and the actual time taken to do the works is as we allowed for.
Surely this is incorrect? Are there any guidelines for when re-rates should be applied?