I will let someone else add to this answer from a legal perspective but what I will say is that this HAS to be resolved at tender stage. You could/should put in a TQ at tender stage asking what the Contractor is to assume for this 3rd Party activity. It sounds like you did do this - so now the question is what was the response?
The problem is that WI told you it could take 32 weeks, and it has. If you have not qualified your bid in any way, there is no change to the Works Information and therefore arguably no CE unless it fits one of the other reasons.
The test always for any compensation event is why under clause 60.1 is it one - and if it doesn't fit then it isn't.
The problem is that WI told you it could take 32 weeks, and it has. If you have not qualified your bid in any way, there is no change to the Works Information and therefore arguably no CE unless it fits one of the other reasons.
The test always for any compensation event is why under clause 60.1 is it one - and if it doesn't fit then it isn't.