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NEC ECC: Employer says we can't claim for wind as a CE?

+1 vote
79 views
Under NEC 3 Option A, our client informs us that we would not be entitled to claim for extreme wind events only rain or snow.

In our specialism wind is more likely to prevent us from working than anything else.
asked Oct 10 in Compensation Events by Lindsay Gillies (160 points)  

1 Answer

+1 vote
I am afraid without any additions to contract data the Employer is correct. The standard 1 in 10 weather measurements of which in excess will be a CE are only for rain, freezing temperatures and snow. Unless they have added wind as a weather measurement within section 6 of the contract data the risk of wind will be a compensation event as there is no where else that you can claim for it.

The Contractor needs to understand this risk at tender stage and either price the risk accordingly, or convince the Employer to add in certain wind levels to be an additional compensation event.
answered Oct 10 by Glenn Hide (66,250 points)