Construction Programmes

If the Contractor has identified a weather float in his programme, who owns the float.

For example if the Contractor has included a weather float of 1 week and then claims for an extension of time for exceptionally inclement weather of 1 week, is he entitled to one week or is the weather float taken into account and no extension of time is granted?.


@stevencevans @Mike_Tiplady any thoughts on this JCT question from Phil

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Phil. The float is used up on a construction contract on a first come first served basis. See the case of Ascon Contracting v Alfred Mcalpine which was concerned with a Project in the Isle of Man. I was in house counsel for McAlpine in that case. In that case the Main Contractor McAlpine had a general float that was to be used on the Project and the Court held that it could be used by then first party suffering the delay. So on the facts of your case the float would be used and the Contractor would not get an extension of time. All the best. Mike

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Excellent answer from @Mike_Tiplady, I just wanted to add that the contract can define who owns the float and, if it does, that would supersede the first come first served basis. Unamended JCT contracts do not define float ownership, unamended NEC contract define that terminal float is owned by the Contractor

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