NEC ECC: D&B - who is responsible for Stats?

NEC Design and Build contract, Contract completion date is breached due to Contractor not managing the statutory Utilities contractor effectively. Although we except this is a compensation event ,does the responsibility sit with the main contractor? Contractor notified client that due to stats not providing a fixed installation date to install the power, the risk sits with the client. Is this the case?

Completely depends on what your Scope (NEC4) or Works Information (NEC3) says as to whose risk that is, or if indeed the Client/Employer clearly stated that was their risk and would therefore be a compensation event if any such problem occurs.

Put it another way, the Contractor can only claim for that as a compensation event if it is a reason within the contract for it to be one. Otherwise it is there risk the cost will be theirs to swallow under option A or shared (As it will eat into gain-share) for option C. If they are able to identify a reason i.e. it fits one of the reasons under 60.1 then it is a CE and they can go on to assess time and cost effects accordingly. If it isn’t a CE then they have no way to increase the total of the Prices.