Assessing Cost associated with denied access by employer which led to work being deleted

The employer denied access to a phase of work (say phase 2) which prevented the contractor starting when they intended. The start date for phase 2 therefore kept getting pushed back until such time, the Employer decided to stop the work from proceeding and delete it from the works information. The rest of the works (Phase 1) had a planned completion of 20.11.20. The compensation event for phase 2, pushed planned completion to 12.02.21. Is the contractor due any time related costs for between 20.11.20 and 12.02.21, even though no work was carried out during this period?

Yes. If there are costs associated with the delay then these can be claimed. I would also query if the employer can just omit the works; particularly if it intends to get someone else to finish them.



It looks like you have a series of compensation events, the Employer/Client not allowing access (60.1(2)) and then the PM instructing not to start works (60.1(4)) and then the PM giving an instruction to change the Works Information/Scope (delete works) (60.1(1)).

Each CE should be assessed on its own merits and in the order they arose. Without knowing the timing of the instructions, in particular when the WI was revised, it is difficult to give an exact answer.

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