We have incurred a weather delay during our works. This is an additional CE, based on specific weather events and is valid. However, it is currently being rejected due to the event happening during what the PM believes to be our own delay, thus, if we werent delayed, the event would never have happened.
I dont believe this is correct, but would like some opinions.
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@stevebrownassociates Would you be able to help with Anonn’s query?
Hi Anonn, the weather CE is clause 60.1(13), the weather to be recorded are the weather measurements listed in the Contract Data part one under section 6. the weather has to exceed the 1 in 10 year return and be recorded at the place in the Contract Data - so by valid I assume you mean all of that.
Clause 60.1(13) also states that it is the weather measurement recorded before the Completion Date, any weather after the Completion Date is entirely at the Contractor’s risk therefore if you are later than the Completion Date the PM is correct.
Happy to discuss further if you want to.
Hi Anon there are a few clauses that the assessment of delay needs to take account of the numbering and wording of them is slightly different between NEC3 ECC and NEC4 ECC. Clause 63.3 is the main one and in NEC3 states “ 63.3 A delay to the Completion Date is assessed as the length of time that, due to the compensation event, planned Completion is later than planned Completion as shown on the Accepted Programme. A delay to a Key Date is assessed as the length of time that, due to the compensation event, the planned date when the Condition stated for a Key Date will be met is later than the date shown on
the Accepted Programme.”, so if the event occurs on the critical path on the last Accepted Programme it would typically be a CE that does delay the Completion Date. There are a few other clauses or tests the entitlement needs to pass under clauses 63 and it’s subclauses ie you acting promptly and competently, etc.