What happens if an event occurs which stops the Contractor completing the works?
If neither Party could have prevented the event and an experienced Contractor would have judged at the Contract Date that the event had such a small chance of occuring it would have been unreasonable for him to have allowed for it, the Project Manager gives the Contractor an instruction stating how he is to deal with the event (see Clause 19.1). The Project Manager should then manage the consequences of the event in the best interests of the Employer. The is a Compensation event under Clause 60.1(19); the time and cost effects of which are at the Employer’s risk. The Contractor, however, must demonstrate that there is no reasonable means by which he can complete the work on time i.e. by acceleration or increased resources.