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NEC3 ECC: Weather Delay

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We have encountered a period of bad weather on site which has virtually delayed all progress in the month. However, only 2 days rain in the month where a 1:10 event. As such, we have prepared a quotation for those two days plus the additional time required to reinstate the site following damage / disruption as a result of the 1:10 i.e. in total we have applied for 4 days (2days when the 1:10 occurred & 2days to reinstate the site).

The PM has assessed that we are only entitled to the days when the 1:10 occurred (2days) & not the consequence of the 1:10 as this is the contractors risk (note the standard clauses have not been amended under Opt. C)

Can you confirm if the PM is correct in this assessment or we as the contractor have a route to recover the consequential loss of days in addition to the 1:10?
asked Jan 30 in NEC3 Compensation Events by anonymous  
   

1 Answer

+1 vote
I might be as bold as to say you are both wrong. You say that two days with in the month was a 1:10 event. You then assess the impact of that CE. Two days of rain does not equal two day movement in planned Completion – it might be more or it might be less. If the critical path runs through say off site procurement of materials which is unaffected by the weather, then whilst the weather was a 1:10 year event which is a CE the impact on planned completion/Completion Date at least would be zero.

Equally if that two days of rain meant that an inspection had to be cancelled which would be rescheduled for a week later, which then would delay the procurement period into a shutdown period in the factory which then delayed the excavation works into winter working then the impact could be several weeks. I don’t mean this should be dreamed up, but that first of all you prove that something does qualify as a compensation event, and then you assess the impact of that event upon planned Completion. This does mean that IF you can prove the reinstatement of the site was an additional two days due to the 2 days that were a valid CE then yes this would be part of the assessment (but only if).
answered Jan 30 by Glenn Hide (26,280 points)