In the Term Service Contract, can cancelled shifts as a result of high winds be captured under clause. X19.10(6), ie:
(6) An event which
- stops the Contractor completing a Task or
- stops the Contractor completing a Task by the Task Completion Date,
and which neither Party could prevent,
.- an experienced contractor would have judged at the date of issue of the Task Order 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 other compensation events stated in this contract.
I should add that this is an Option A contract and that there is no measurement for wind included in the contract data for it to be regarded as a weather event. Is this a contractors risk to price at tender as an ‘experienced contractor’ knowing that wind may hinder or prevent works?
You are correct that weather is not one of the risks identified within the TSC and therefore would be Contractor risk. It would not fit X19.10(6) which for a force majeure type event unless it was a hurricane or tornado that rips through the site causing massive damage that could not have been predicted/expected possible.
I guess this would be because of the general nature of TSC contracts and the type of work generally done under these contracts that weather is less likely to be an issue, but equally there could very easily be work that is weather susceptible. Where that is a likely issue at tender stage that should have either been addressed in the form of a Z clause to allow weather to be a compensation event, or simply that the Contractor in the absence of any such change knows that is their liability and prices the risk accordingly.
Personally I think the equivalent of 60.1(12 &13) should both be included in the TSC Task Order compensation event list to cover the eventuality where weather and unforeseen physical conditions could become an issue and therefore set out associated liability (rather than always being Contractor risk).