15.3.2.1 The required drafting for Relief Events is as follows:
means:25
(a) fire, explosion, lightning, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes, ionising radiation (to the extent it does not constitute a Force Majeure Event),26 earthquakes, riot and civil commotion;
(b) failure by any statutory undertaker, utility company, local authority27 or other like body to carry out works or provide services;
(c) any accidental loss or damage [to the development28 or any roads servicing it];
(d) any failure or shortage of power, fuel or transport;
(e) any blockade or embargo which does not constitute a Force Majeure Event, and
(f) any:
(i) official or unofficial strike;
(ii) lockout;
(iii) go-slow; or
(iv) other dispute, generally affecting the [ ] industry29 or a significant sector of it, unless any of the events listed in paragraphs (a) to (f) inclusive arises (directly or indirectly) as a result of any wilful default or wilful act of the Contractor30 or any Contractor Related Parties.
15.3.2.2 The Contract will have similar provisions during both the construction/development phase and the Service Period. The above list of events may be extended to include other similar events if the circumstances warrant. Force majeure delays should be excluded (see Section 15.4 (Force Majeure Events)) as they are treated separately. In addition, in circumstances where the Contract imposes a long-stop date for Service Commencement (see Section 8.5 (Long-Stop Date)) the scope of Relief Events may be extended to cover further events (e.g. unforeseen ground conditions) given that the financial risks associated with such events will remain with the Contractor, though in ordinary circumstances allowance will already have been made for such contingence when setting the Long-Stop Date.
__________________________________________________________________________________________
25 This list can be extended or tailored for specific sectors provided that the commercial risk of the occurrence of such events clearly still lies with the Contractor. There will also be circumstances in which the uninsurability of particular risks may require relief treatment in order to prevent either party from terminating the Contract (see Section 17.9 (Risks that become Uninsurable)).
26 Force Majeure Events are defined in Section 15.4 (Force Majeure Events)
27 In the context of a local authority project please see Section 2.1.5 (Application and Implementation)
28 More specific reference may, as appropriate, be used (such as Site or Works).
29 This will be the principal industry relating to the project concerned. For example, in an accommodation project this may be the construction or facilities management industries.
30 See also Section 23.2.4.3 (Rectification) in relation to Relief Events occurring during rectification periods for Contractor Default.