Adverse weather during construction
Where there is a delay to a construction project which impacts on the completion date, and that delay was not caused by the contractor, it may constitute a relevant event (or compensation event), for which the contractor may be entitled to an extension of time and in some cases loss and expense.
Some contracts list exceptionally adverse weather conditions as one such event. Even if it is not specifically mentioned however, it may still qualify as a neutral matter (not caused by the employer or the contractor) that adversely affects the completion date.
The question then is what constitutes exceptionally adverse weather, rather than general adverse weather that the contractor should have allowed for in their price. Unhelpfully, contracts do not always define the term (for example JCT contracts), leaving it to the discretion of the contract administrator, and so opening up a potential source of dispute.
Where it is defined, it tends to be weather that is exceptionally adverse for that time and location. NEC contacts state that this is where the weather over a calendar month has occurred on average less frequently than once in ten years. This means that a short period of poor weather is unlikely to qualify, and that if poor weather crosses two calendar months it may not qualify even if it has lasted for a considerable time. The location and types of weather to be measured should be set out in the Contract Data.
Generally, information should be collected from a weather station close to the site (from which historical records are available), or on site and compared with met office data. This may include information such as; the amount and duration of rainfall, air temperature and duration, volume and duration of lying snow, wind speed and so on, depending on the nature of the works.
It is likely that this approach would also be accepted on projects using forms of contract in which there is no definition.
Even where exceptionally adverse weather is defined in the contract and can be shown to have occurred, it must still be proven that this was the cause of a delay and on some forms of contract, that the contractor has used their best endeavours to mitigate any delay. Again, this is a potential source of dispute, and so good record keeping is necessary, and the correct procedures of notification must be followed.
[edit] Related articles on Designing Buildings
Featured articles and news
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Heat pumps, vehicle chargers and heating appliances must be sold with smart functionality.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.
New-style degrees set for reformed ARB accreditation
Following the ARB Tomorrow's Architects competency outcomes for Architects.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing tool inc. physical environment, indoor facilities, functionality and accessibility.
Preserving, waterproofing and decorating buildings.
Many resources for visitors aswell as new features for members.
Using technology to empower communities
The Community data platform; capturing the DNA of a place and fostering participation, for better design.
Heat pump and wind turbine sound calculations for PDRs
MCS publish updated sound calculation standards for permitted development installations.
Homes England creates largest housing-led site in the North
Successful, 34 hectare land acquisition with the residential allocation now completed.
Scottish apprenticeship training proposals
General support although better accountability and transparency is sought.
The history of building regulations
A story of belated action in response to crisis.
Moisture, fire safety and emerging trends in living walls
How wet is your wall?
Current policy explained and newly published consultation by the UK and Welsh Governments.
British architecture 1919–39. Book review.
Conservation of listed prefabs in Moseley.
Energy industry calls for urgent reform.