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
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.