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NEC ECC: Comparing Additional Weather Measurement with Available MET Office Data

+1 vote
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We have an additional weather measurement added to our Contract Data:
"The number of hours on each day where maximum wind gust exceeds 32 knots".

The query I have on this is that the MET Office can only provide 1 in 10 year data for hours over the whole calendar month, rather than on each day as the above clause would seem to require.

This means we cannot compare the number of hours experienced on a specific day of the month, e.g. 15th May, with 1 in 10 values for the 15th May, therefore we cannot establish if the measurements recorded on that day can be taken into account in assessing a compensation event.

Not sure how to get this clause to work therefore I'm looking for suggestions for a pragmatic solution to this whilst maintaining the ethos of the NEC, if possible.

Thanks in advance for any guidance you can provide.
asked May 15 in NEC3 Compensation Events by richardmiller (230 points)  
   

1 Answer

+1 vote
Pragmatically I would seek to agree a contract amendment between the Employer and Contractor to clarify what was meant. You would either need to amend the weather measurement so that it fits with the Met Office data or maybe add an additional compensation event along the lines of "wind speed measured at the crane jib exceeds x for more than y hours per day". The amendment should reflect what the Parties thought the risk profile was at contract award.
answered May 15 by Neil Earnshaw (7,460 points)