Termination — Prevention Event Extended Delay (R21)
The Client may terminate if a prevention event stops the Contractor completing the works and is forecast to delay Completion by more than 13 weeks, and which neither Party could prevent and an experienced contractor would have judged at the Contract Date to be of such low probability as to be unreasonable to allow for.
This covers exceptional events causing long delays. The same stringent test as clause 19.1 applies. The Client can terminate and complete with another contractor.
The 13-week threshold is based on a forecast, not actual delay. Disputes can arise over the accuracy of the delay forecast made by the PM when assessing whether this ground applies.
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