Our query relates to a disagreement we are currently involved in relating to concurrent delays.
Working under an NEC 3 Subcontract, Option D
Contractor has not allowed access to part of a site due to his works in the area not yet been complete so the area has not been handed over to us the subcontractor. Contractor is in agreement that this is a CE and willing to grant us relief in the programme, however Contractor is unwilling to accept the full cost liability for the delay due to the fact that we the subcontractor did not have the necessary paperwork in place to commence works (Risk Assessments and Method Statements).
Our position is the lack of a work site is the primary cause for the delay and the lack of the necessary approved paperwork is of no significance given that we did not have a site to access and commence work. Is this position reasonable? How should concurrent delays be assessed under this form of contract?