I’m working on a housing development where the original Contractor became insolvent. A new contractor was appointed under JCT DB 2016.
As part of the ERs the new contractor had to re-engage with a stats provider for the provision of power by obtaining a deed of novation however, it has been challenging to obtain novation agreements from the stats supplier in a timely fashion.
As a result this is causing delay to the progress of the external works and overall project timeline.
The Contractor has issued a notice of delay advising that should the delay become reasonably apparent, they would submit an application for an Extension of Time under (but not limited to) Relevant Event 2.26.1 and potential a claim for L&E
Our view is that re-engaging with stats suppliers was part of the ER’s and therefore would not constitute a change.
Would the Contractor be able to claim under clause 2.26.7?
Any advice would be greatly appreciated.