Under NEC 4 is a subcontractor on Option B entitled to a CE for non adverse weather
“Adverse weather” is not a concept used in NEC as interpreting what is meant by “adverse” would be subjective. The NEC approach is to be more objective so the construction contracts and subcontracts do have a weather related compensation event however only certain weather measurements stated in the contract will trigger it i.e. cumulative rainfall, number of days of rainfall more than 5mm, number of days with minimum air temperature less than 0 degrees Celsius number of days with snow laying at a particular time of day - all assessed in a particular calendar month.
The procedure for assessing a weather compensation event under clause 60.1 requires the use of weather data, in the UK this is available from the Met Office. Basically you take the weather measurement and compare it to the weather data to establish if there is a compensation event or not. Only weather measurements that occur less frequently than 1 in 10 years when compared to the weather data will trigger the compensation event.
As you can see it’s not straight forward, but following the rules under clause 60.1 should lead to fewer disputes about weather in NEC contracts.
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Thanks Neil
as i expected, but just needed confirmation for my own piece of mind.