Expert advice in minutes not days. Register it's free and ask your first question now.
ReachBack is a free community help desk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.

5,319 questions

5,698 answers

1,262 comments

Register its Free

Download here

An event which is not one of the other compensation events stated in the contract has prevented the Contractor from completing the works by the date shown on the Accepted Programme. Is this a compensation event?

+1 vote
364 views

An event which is not one of the other compensation events stated in the contract has prevented the Contractor from completing the works by the date shown on the Accepted Programme. Is this a compensation event?

asked Oct 10, 2012 in Compensation Events by BuiltIntelligence (870 points)  

1 Answer

+1 vote
 
Best answer

The relevant compensation event is clause 60.1 (19). The clause actually says "stops the Contractor completing the works by the date shown on the Accepted Programme". "Stops" is a strong test and means that it is not just difficult or more expensive to complete the works. The event also has to be one which:

  • neither Party could prevent,
  • an experienced Contractor would have judged at the Contract Date to have such a small chance of occurring that it would have been unreasonable for him to have allowed for it and
  • is not one of the compensation events stated in the contract.

 

answered Oct 10, 2012 by BuiltIntelligence (870 points)  
edited Oct 18, 2012 by Jon Broome