Hindsight is a wonderful thing isn't it, but it just goes to show the importance of reviewing any contractual amendments as to what they mean, and if you are not sure give them to someone who can tell you whilst you are still tendering.
The wording of that amendment is pretty clear. You only get time not cost in any such event. You can spend a lot of time and energy debating whether that is a "fair" amendment, but in theory there is no such thing as "unfair" risk transfer if you had the chance to price for it.
I regularly carry out Z clause reviews for my Contractor/Subcontractor clients at tender stage to highlight exactly points like this, so they can either try to exclude such an amendment, price the risk or in some cases walk away from the tender altogether - depending on what the amendment is.
Only way to really challenge it is through the courts - but you have to go through adjudication first and a very long subjective road to travel down with no certainty of outcome. Unfortunately this was avoidable in first place at tender stage by at least making a conscious decision as to what to do with it.
The wording of that amendment is pretty clear. You only get time not cost in any such event. You can spend a lot of time and energy debating whether that is a "fair" amendment, but in theory there is no such thing as "unfair" risk transfer if you had the chance to price for it.
I regularly carry out Z clause reviews for my Contractor/Subcontractor clients at tender stage to highlight exactly points like this, so they can either try to exclude such an amendment, price the risk or in some cases walk away from the tender altogether - depending on what the amendment is.
Only way to really challenge it is through the courts - but you have to go through adjudication first and a very long subjective road to travel down with no certainty of outcome. Unfortunately this was avoidable in first place at tender stage by at least making a conscious decision as to what to do with it.