17.3 SPECIFIC EMPLOYER ’ S RISKS
In the Yellow Book, the Employer ’ s risks listed in clause 17.3 are (in summary)
as follows:
(a) war, hostilities, invasion, act of foreign enemies;
(b) rebellion, terrorism, sabotage by persons other than the Contractor ’ s
personnel, revolution or civil war;
(c) riot, commotion or disorder within the country where the works are
carried out;
(d) munitions of war, explosives, radiation, contamination by radioactivity
and related risks;
(e) pressure waves caused by aircraft or certain other airborne craft;
(f)
use or occupation of any part of the works except as specified in the contract;
(g) design of any part of the works by the Employer ’ s personnel or those for
whom the Employer is responsible;
(h) any operation of the forces of nature that was unforeseeable or against
which an experienced contractor could not reasonably have been
expected to have taken adequate preventative precautions.
In the Silver Book, only items (a)–(d) on this list are Employer ’ s risks under
clause 17.3.
In both Books, if any of the listed Employer ’ s Risks result in loss or damage
to the works, goods or Contractor ’ s documents, the Contractor must promptly
notify the Engineer or Employer and rectify the loss or damage to the extent
required by the Engineer or Employer.
If he suffers delay and/or additional cost from rectifying the loss or damage,
then the Contractor will, provided he gives his clause 20.1 notice of claim, be
entitled to an extension of time and payment of the relevant cost. Note that in
the Yellow Book if risks (f) or (g) occur (relating to use and occupation by the
Employer and design by the Employer or his personnel), then the Contractor
is also entitled to reasonable profit as well as cost; otherwise, in both Books
the Contractor ’ s entitlement is to cost incurred only.