NEC ECC: Do high temperatures constitute a Compensation Event under the conditions of the contract?

NEC3 and NEC4 Contracts Compensation Events
1

The Contractor is of the opinion that the recent high temperatures experienced through June and July should be considered as exceptionally adverse weather conditions thereby constituting a Compensation Event under the contract.

I have advised that as high temperatures are not specifically provided for under the contract, this is not a Compensation Event. While weather events such as rainfall, snow and below zero temperatures are included, there is no specific mention of high temperature weather.

While the Contractor is yet to prove that the temperatures experienced exceed the 1 in 10 year event, I would like to clarify the position under the contract.

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2

You are correct this is not a compensation event under 60.1(13) as high temperatures is not a weather measurement. For a Contractor to be able to claim a compensation event it has to be a valid reason in the first place under 60.1

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What if the Compensation Event highlights a lack of rainfall within a certain month and not “high temperatures?”

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