If a weather event occurs but does not pass the test for it to be a compensation event under Clause 60.1(13) can the effect of the weather event result in physical conditions that would trigger a compensation event under Clause 60.1(12)?
In theory yes I guess - but unlikely I suggest. Certainly not automatically anyway. Physical conditions is more things like rock or hard ground, unexpected services, contaminated ground, an expected solid wall to fix to is hollow, discovery of asbestos in pipe gaskets things like that. Very extreme weather away from the site causing flooding on the site I have seen claimed for under 60.1(19) but that has to be an extreme event and this is more for force majeure type events.
The answer is ‘Yes’ and we won an adjudication on it. In brief, the Employer has used exactly the same words for the weather compensation event except changed it to a 1 in 25 year event, which in an appalling summer of 2006 only gave 1 weeks delay despite the site being occasionally flooded - as in a torrent of water going through it - but saturated for the whole of the three main months of summer with no earthmoving being able to be done. The Adjudicator decided that the Contractor could not have expected that physical condition for the whole of the 3 months of summer.
but only the difference between the weather measurement and the weather data can be claimed, the ‘extra’ adverse weather.