First of all, what is the 'Client' doing evaluating compensation events ... it is the Employer under NEC3 and it is the Project Manager's job tone the impartial administrator of the contract.
Putting this is aside, you are absolutely right in your conclusion, but for an additional reason:
- clause 52.1, second sentence says "Defined Cost includes only amounts calculated using rates and percentages stated in the Contract Data and OTHER amounts at ... ...". The reason I have put 'other' in capitals is because it strongly implies/has the meaning that if there isn't a rate or percentage in the Contract Data, then you use OTHER amounts at ...." Assuming the Schedule of Rates was referenced from your Contract Data, I would say this is your primary argument.
- if they come up with a good counter-argument to this - which I have not yet heard one heard - then your fall back is the one you gave i.e. the rates in the Schedule of Rates were competitively tendered whereas the rates you want to use are built up from scratch using a a schedule - the full Schedule of Cost Components - which is not referenced in option B and is therefore not even part of the contract.
Putting this is aside, you are absolutely right in your conclusion, but for an additional reason:
- clause 52.1, second sentence says "Defined Cost includes only amounts calculated using rates and percentages stated in the Contract Data and OTHER amounts at ... ...". The reason I have put 'other' in capitals is because it strongly implies/has the meaning that if there isn't a rate or percentage in the Contract Data, then you use OTHER amounts at ...." Assuming the Schedule of Rates was referenced from your Contract Data, I would say this is your primary argument.
- if they come up with a good counter-argument to this - which I have not yet heard one heard - then your fall back is the one you gave i.e. the rates in the Schedule of Rates were competitively tendered whereas the rates you want to use are built up from scratch using a a schedule - the full Schedule of Cost Components - which is not referenced in option B and is therefore not even part of the contract.