I have an interesting situation under the ECSC for a claim under 60.1(10).
The clause provides that that the event will be a compensation event where the Contractor is prevented by weather from carrying out all the work on the site for periods of time, each at least one full working day, which are in total more than one seventh of the total number of days between the starting date and the Completion Date.
My situation is that the Completion Date has passed. The Contractor is still busy with the works due to his own delays. It now rains and the days are greater than one seventh of the days between the starting date and Completion date.
My difficulty now is the interpreation of the clause which can be in my opinion interpreted in two ways.
First way is that the Contractor is only entitled to claim for a compensation event if the rains between the starting date and the Completion Date. The rain in this example occurred after the Completion Date and hence its now a Contractors risk and no claim.
Second way is the Contractor can claim provided the rain that he is claiming for is greater than the one seventh of the days between starting date and Completion Date.
The guidance notes don’t deal with this situation neither does any literature i’ve read.
Your assistance is greatly appreciated.