The MC has now issued new Sectional Handover Dates but not released an approved Programme and all instructed Variations are in line with the Contract and easily within our Scope of Work, what possible grounds could we have to refuse doing the additional works if they fall easily within the new handover dates? Does the issue of these new dates effectively confirm acceptance of our EOT?
We have still not received access to all the areas required to complete the outstanding parts of the original scope of works but if we do then all works can be completed by the new handover dates.
If your Sub-Contract is based on the JCT SBCSub then EoT is given by the Contractor under clause 2.18 so issuing new handover dates does not give you an EoT.
You have limited grounds for not complying with the Contractor’s directions:
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Clause 3.5.1 allows you notify reasonable objection to instructions by the A / CA in respect of obligations and restrictions under clause 5.1.2.
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Clause 3.5.2 if the direction relates to a Variation which you are required to provide a Variation Quotation under clause 5.3.1.
So the instruction of additional works would only be covered by clause 3.5.2.
If carrying out these additional works will delay you then you should notify the Contractor of this under clause 2.17 and request an extension of time. Failure to give you access is likely to give you grounds for an extension of time also.