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JCT Intermediate 2011 - what is contractors right to EoT when concurrent delay?
A contractor is 10 months late on their contract completion due to contractor risks (supply chain issues). In conjunction with this there are delays to utility supply contracts and connections. The utilities are installed (9 months late) before the building is complete and did not impact works on site. Is the contractor entitled to the 9 months delay because the utilises delay is a relevant event? Even, though the utilities themselves had no impact on progress on site? I am told that case law suggests the contractor is entitled to the EoT, but it would make no logical sense to me. Had the utilities been installed on the original programme the building would still have been 10 months late! There is an argument that the client could have scheduled the utilities earlier had the building been ready.
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