Prevention
If an event occurs which stops the Contractor completing the whole of the works or completing by the planned Completion date, and neither Party could have prevented it and an experienced contractor would have judged at the Contract Date that it had such a small chance of occurring that it would have been unreasonable to allow for it, the Project Manager gives an instruction stating how the event is to be dealt with.
This covers truly exceptional events outside either party's control. The PM instructs how to proceed, and the instruction is assessed as a compensation event.
The test is very stringent. The event must be unpreventable by both parties AND of such low probability that an experienced contractor would not have allowed for it at the Contract Date. Ordinary delays do not qualify.
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