Remedial works for Actual cost items
Some of the items of our construction project were on Actual cost basis, wherein we paid 15% mark-up to contractor over their subcontractors' invoiced amount. Before issuing final completion certificate, some deficiencies were noted e.g. settlement of backfill, sloughing. Contractor is asking us to pay for all the repair/remedial works since it is cost plus item. We argued that we have paid fully, and deficiencies are mainly due to your workmanship, so why should owner pay for it again. There is no clear contract clause for it. What are your views!