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?