How are Statuatory Undertakers dealt with under the NEC3

We have a project where we are dealing with a number of statutory undertakers in a few forms at the request of the client and Works Information. We have included their standard response times in our programme.

They have all blown by the response times and are putting us in delay. We raised a CNCE stating the Employer or others has not done something by the time shown on the programme.

Our reasoning is that the statutory undertakers are classed as the ‘others’ in a Compensation Event.

Is this correct?

Yes, based on the standard contract Stats are classed as Others