Under option C, Contractor has missed the Completion Date with X7 attached. DD’s are being deducted however the project is on a utility network. The work has not been completed but the Employer has had to take back the (power) network to maintain its service.
Owing to system constraints “outges” are not available in the winter. This means that the Employer is only able to give access when it can in spring.
Access on the tender and subsequent accepted programme was only ever for a finite period which was missed by the Contractor. The Contractor is also aware from years of experience that access to the network is not easily obtainable and involves delicate calculation of other loads on the network on a national basis.
It is legitimate to continue to deduct DD’s until it is possible to allow the works to be completed or does this become a prevention event if access has to be withdrawn?
All of the accesses that were planned were provided on time and no Employer hindrance took place prior to the issued Completion Date.