Inclement Weather EOT

Hi Nestor,

It will depend really on what the contract says. I had the same problem 4 months ago wherein our client uses a form of contract that is clear on extension of time but silent on compensation for EOT. They acknowledge that there is an obvious expense on our part, but the problem is where to find a basis if the contract is silent. We have used the principle of quantum maruit but to no avail.

Hope this will help.

Regards,

Se

Perhaps you need to step back and look at your problem again. Ask yourself, “Why would the Owner pay for your overhead (prolongation) costs should the project be extended due to weather?” Is the Owner responsible for the weather (and thus, the costs incurred?)

If the Owner were responsible for the weather, then you would have a reason to expect them to compensate you for the unexpected cost. Otherwise, we consider this a case of ‘force majeure’, where the time would be excusable but non-compensable.

Dear Ronald and Se,

Thanks to your reply.

I would like to give a very typical example.

A two year contract was scheduled to be completed, say, 31 Mar 2003. The contractor was granted two month EOT due to variations and one month EOT due to inclement weather or a total of three months EOT. Thus the revised completion was 30 June 2003. During the extension period (01 April 2003 to 30 June 2003) there were 15 days inclement weather that has occured extending the completion date to 15 July 2003.

Would the contractor be entitled for prolongation cost from 01 July 2003 to 15 July 2003?

The contract was very specific. EOT is allowed for inclement weather however, no prolongation cost will be paid for EOT due to inclement weather.

The contractor have received prolongation costs for the two months EOT due to variations. There was no prolongation cost paid for the one month EOT due to inclement weather during the contract period.

I hope I make the case clear to you guys.

Regards,

Nestor

Dear Nestor,
If, During the extension period (01 April 2003 to 30 June 2003)Progress has been delayed as a result of an excusable and compensable event (cause by the client),Contractor may then become entitled to compensation for the effect of inclement weather as a result of lost productivity during inclement weather.

Ref: Delay and Disruption in construction contracts,Keith Pickavance,2nd edition,page 394,para. 11.33 and 11.34

Hope this can assist u."Kabayan"

G.Rayco
(2598)

G.Rayco,

Thanks to your reply. Certainly, the reference you gave will help a lot.

regards,

Nestor

Dear Nestor,

I have exactly the same case like yours. That is Inclement Weather during the extended performance period. I have started a new topic and then I saw your topic. If you have time read under topic "Adverse Weather - Employer or Contractor Risk " and give me your opinion and/or what was the outcome in your case.

Hi Nestor,

It is very clear that EOT due to inclement weather has no prolongation cost. As you have stated, a precedent was already established (one month extension due to inclement weather without prolongation cost). In the case of 15 days EOT due to inclement weather, there will be no prolongation cost.

You play smart, look for event that may will cause EOT with prolongation cost during the 15 days extension of time (w/out cost). This is the only way you will be able to recover cost and minimize your losses.

cheers

It is evident that you are only entitled for EOT not any cost due to Inclement weather condition as per your Contract.

You may cover this event under any other item for which you may get pronlogsation costs.

All,

See adverse thread - Weather - Employer or contractor risk

Tou will not be entitled to any money for the eot but you might be entitled to money if the client delays have caused you to do work in a period of adverse weather that if the delays had not occurred you would not have been working in.

Hi Nestor,

Andrew idea is another smart move on your part if ever you will find one.

Cheers

Andrews reply has good merit. given that HK (I asume that is where the work is taking pace) has a definite typhoon season it would only be reasonable to expect reimbursement of costs if the client delays have pushed you into that time of year.

Definitely worth looking at from that prospective.