NEC3 ECS - Contractor provided materials

Hi we have a subcontract set up with an FRC Subcontractor. This contract is based on install only with us the Contractor providing materials

We normally provide concrete for the Subcontractor. Which in line with specification cannot be poured when the temperature goes below a certain degrees. Obviously the weather forecast for this week looks very cold

Our Subcontractors arguement is that if they have everything in place on site and that we the Contractor cannot provide concrete that meets the spec (too cold) it is on us. Our arguement is that the subcontractor would not be able too pour the concrete as it is too cole and would be being poured outside of specification and therefore would be the Subcontractor’s risk. We believe this all comes under the Subcontractor’s risk in terms of weather (which has been unammended).

What are your thoughts regarding an issue like this? As i can see the Subcontractor’s point of view, but at the same time, i feel our point of view that if we did provide concrete they will not be able to pour it inside specification and would be at their own risk also?

Thanks in advance

There’s a couple of ways to look at this and much will depend on how the Subcontractor Work Information is structured. On the face of it, if the Contractor is unable to provide specification compliant concrete on a date shown on the latest Accepted Programme then it will, subject to the notice requirements being met, be a compensation event under clause 60.1(3).