JCT Statutory Undertaker Delay or Employer Impediment?

JCT Contracts
1

JCT D&B 2016 Contract

A delay has occurred on the project due to the works which are being carried out by the utility company installing the power infrastructure associated with the Works. Such works do not form part of Contractor’s scope under the Contract and instead the Employer has engaged with the utility provider directly.

Does the associated delay therefore arise under clause 2.26.7 (the carrying out by a Statutory Undertaker of work…) or clause 2.26.6 (impediment by Employer).

The Relevant Event clauses are unamended.

2

@Mike_Tiplady any thoughts on the above question?

3

I think the answer to this is either or both.

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