I have an Option A Contract that should have been completed by the Autumn last year. There have been no changes to the planned Completion date. Recently the works were affected by the heavy snow and low temperatures with the site being abandoned. I am expecting a CEN for this as the weather is a defined Employer risk. How should this be evaluated as the works should have been completed well before this event?
I was very confused by the question to start with, but can only assume that you meant that there have been no changes to “Completion Date”, and that now the planned Completion is well beyond the Completion Date and that it is Contractor liability for this over run.
If this is the case, then any valid compensation event will be assessed the same way. If it affects planned Completion (by say one week) then Completion Date moves by the same amount (one week). If there are delay damages applicable - it just means that they would have one week less of delay damages than they otherwise would have.
Next question is to see if the weather is indeed a compensation event, as with an un-amended contract the weather clause itself (60.1.13) is only for weather worse than a one in ten year event, so a certain amount of snow would be Contractor liability and only the extra over would be assessed as a compensation event.
It shouldn’t do at all as the second bullet point in clause 60.1 (13), the weather compensation event, says it does not apply if a weather event happens after the Completion Date.
Thank you for the comment, that is really helpful.
Thank you for the comment, that is really helpful. I will take this route. Regards