NEC ECS: The PC cannot provide safe access/egress to the site due to high winds, is this a CE to the Sub-Contractor?

The PC is stating that CDM Regulations do not apply as their inability to provide safe access to the entire site has been caused by weather which is the Sub-Contractors risk.

This is often a disputed issue as wind is not considered as one of the ‘standard’ weather measurements for most projects. That said, however, the likely reason why you didn’t work was due to not being able to access the Site. The ‘access’ CE, clause 60.1 (2), might not actually apply though as it specifically references the subcontract access date. Clause 60.1 (3) relates to not providing something or 60.1 (5) which relates to the Contractor or Employer not working to certain conditions, that is providing access to the Site, so either of these would most likely be appropriate.

From the Contractor’s perspective, they may feel aggrieved because if access was actually provided, how much work could have been completed on a day of high winds, which would most likely be a subcontractor’s risk. If the matter is a CE, however, then I would suggest that the argument is largely academic, unless the contract has been specifically amended; re: North Midland Building Ltd v Cyden Homes Ltd (2017)