ECC Option E Reactive Contract. Contractor began work, a couple of days after this they arrived at site one morning to find it had been severely flooded overnight. Repairs were required to items of contractor owned equipment (tower lights, excavator, welfare unit) damaged by the flood water.
The contract has the phrase “If the Employer is to provide any of the insurances stated in the Insurance Table” followed by a blank space, suggesting the Employer is NOT providing any insurances?
Therefore the Contractor should supply the insurances stated in the Insurance Table in Clause 84.2 including “Loss or damage to Equipment - insured up to the replacement cost”. However I notice that above the table the wording “provide cover for events which are at the Contractor’s risk”.
Weather Clause 60.1(13) has NOT been deleted from the contract. This makes me think that flooding (as a result of heavy rainfall) is an Employer risk and the repair costs should be paid by the Employer to the Contractor. The Contractor has applied for the repair costs in their Application for Payment and provided invoices as substantiation to the cost - so assume they have not contacted their insurers and expect to be paid the repair costs by the Employer.
Any views/help greatly appreciated.