An area of temporary works have been constructed under an NEC Option C Contract. There have now been a couple of instances where weather (but not outside of the 10 year average) has damaged the temporary works. Does the Contractor have the obligation to maintain/repair the temporary works or would this constitute a CE under the contract ?
That would be a Contractor risk - and no where under clause 60.1 that the Contractor would be able to notify that as a compensation event I suggest.
Or more precisely, a risk within the target Prices and, because it is a target cost contract with pain/gain, a shared risk.