I am asking for clarification around claims in and around weather and their effects.
We are getting situations that due to the level of rainfall that we have experienced over the winter this has started to saturate the ground and therefore mean that extra trackway and prevention is required to stop the damage to the land. The Contractor had already priced for trackway in the original price but is having to put a considerable amount extra in. They have raised a claim under a 1/10 weather event and the data supplied does seem to support the claim that we have had a greater than average level of rainfall during the period.
However and here is where I am asking for clarification, I always worked under the assumption that CL60.1 (13) works on the basis that you calculate weather impact by time delay on the averages of the stated weather station etc in days against rainfall .
How do we deal with the consequence of the weather, is this detailed under 60.1 (12) and if so how do we determine the difference between that expected and that encountered if there was no data to compare against in regards water tables, saturation tests etc?
I am of the opinion that this is a Contractor risk but wanted to confirm before responding.