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Contractor risk event meaning

What does Contractor risk event mean?
In practice, a contractor risk event is any event, circumstance or cause that the construction contract allocates to the contractor. If it occurs, the contractor bears the time and cost consequences and, unless the contract states otherwise, has no entitlement to an extension of time (EOT), loss and expense or other compensation, and remains liable for delay (liquidated) damages. The term is not defined by statute or general case law; it is a descriptive expression used in construction contracts and standard forms. Under JCT, it broadly covers matters not listed as Relevant Events/Relevant Matters. Under NEC, it refers to occurrences that are not compensation events and fall within the Contractor’s risks. Under FIDIC and Irish Public Works Contracts, it corresponds to risks allocated to the contractor, with relief only for specified Employer/Compensation or Delay Events. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though terminology varies. Typical examples include contractor design errors (where the contractor has design responsibility), defective workmanship or materials, performance of subcontractors and suppliers, methods and temporary works, site management, and ordinary, foreseeable weather. Identifying contractor risk events is central to risk allocation, pricing, programming, insurance and claims strategy.
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View the related Practice Notes about Contractor risk event

PRACTICE NOTES
JCT 2016/2024: Interpreting Relevant Events and Relevant Matters—extensions of time, loss and expense, SBC/DB contrasts, and updates on epidemics, statutory powers/guidance, weather and statutory providers

Provisions dealing with Relevant Events and Relevant Matters sit at the heart of how risk is shared, allocated and handled under the JCT suite of contracts. Together, the Relevant Events and Relevant Matters form exhaustive schedules of circumstances and risks that give the Contractor entitlement to extensions of time and to reimbursement for loss and/or expense. The guidance in this Practice Note draws on the wording of the JCT Standard Building Contract With Quantities 2016/2024 (SBC Q), Standard Building Contract With Approximate Quantities 2016/2024 (SBC AQ), Standard Building Contract Without Quantities 2016/2024 (SBC XQ), and Design and Build Contracts (DB) 2016/2024, while noting that comparable provisions appear across other JCT forms of contract as well. Introduction to the Relevant Events and Relevant Matters Within the JCT forms of contract, distinct, separate mechanisms are expressly provided for adjusting, where appropriate, the Completion Date, and for the Contractor’s recovery of loss and expense. This differs from the NEC approach, which relies on a single roster of ‘compensation events’, under which...

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PRACTICE NOTES
UK construction law glossary—C: contracts, procurement, CDM, insurance and dispute resolution

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The method, within a framework agreement, of directing particular works to be undertaken when needed, as appropriate. According to the arrangement's format and conditions, a call-off might demand that a separate contract is concluded, or it may simply need the instructing party to issue a call off notice. Refer to Practice Note: Framework agreements in construction—call-off procedures. CAR insurance Consult Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out provided to a fundamental standard for landlords/developers, typically. Pinning down the scope is challenging, as it can differ quite widely in practice. Nevertheless, guidance does exist, such as authoritative publications issued by the British Council for Offices. Category B fit out Interior fit out delivered to an exact specified design for occupiers/owners...

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PRACTICE NOTES
UK PFI, PF2 and PPP glossary: contracts, changes, payment mechanisms, FM services, risk allocation, adjudication and handback

Abandon Describes a situation where the contractor halts performing the works for an extended, uninterrupted span of days (eg 20 business days) or for a greater aggregate of non-consecutive days (eg 60 business days) across the project’s duration or within a stated timeframe (eg 12 months), doing so wilfully and without justification at any stage of delivery or execution. Abandonment is ordinarily treated as a contractor default, enabling the Authority to terminate the Project Agreement and/or permitting Project Co to end the construction contract immediately for cause. Acceptance Tests Tests carried out to confirm whether the facility (or another project asset) achieves the standards required for the Authority to deem facility complete and accept it. Access Protocol The protocol that Project Co must follow in order to obtain access to the buildings forming part of the project at any time during the term. For instance, on a social housing scheme or a school, prerequisites would have to be satisfied by Project Co before...

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