In nec4 short form how should I deal with weather in terms of a CE?. Is flooding weather and dealt with under 60.1(9) or is it a physical condition and dealt with under (8)?
1 Like
I have, unfortunately, gone all the way to adjudication on this years ago for bad weather in 2006.
The developer had increased the weather risk to 1 in 25 years so the Contractor was only getting a weeks delay despite not being able to shift earth for the 3 summer months due the ground being completely saturated over that time, but also a raging torrent at times coming through the Site which, we think, would have over-topped the dam that was being built, had it been fully built.
The adjudicator decided that the time (of the year) for which the physical condition existed satisfied the criteria for a compensation event under the physical conditions clause. As the wording is almost the same under the ECSC for physical conditions, it implies the answer could also be ‘Yes’.