Fidic - who is liable for multiple rework due to rain

In our Lump Sum contracts [not FIDIC] usually EOT due to rain is a shared risk meaning time of contract is extended. No need for acceleration or it will be extra cost, no liquidated damages will be applied to EOT.

EOT does not necessarily means increase in contract amount, in case of rain in our contracts EOT due to rain usually means there will be no increase in contract amount just time.

With regard to other costs each party assume whatever it cost to each party. Rework and extra contractors overhead is assumed by Contractor while extra owners overhead and loss of use of facility is absorbed by Owner.

There might be exceptions such as in the case delays by Owner get you in extra rain days otherwise you would not get into because if not of the delay you would have finished the job. Here rework is an interesting complication to the issue.

if it was rework once or twice one could still try absord, but im not joking when i say up to seven times lady luck is really not on our side and surely we must have some kind of foot to stand on

Unfortunately Builder's Risk and Construction insurances usually exclude rain. Still my sentiments are with you as we know well about rain. As a matter of fact your South Africa rain eventually travels the Atlantic and sometimes get to us in the form of a hurricane.

Today is just another day we expect torrential rain.

We deal with the issue working around it. For large footing work, during rainy season we pour a cement base and place on top the reinforcing steel. Small footings we excavate and pour on the same day. For pipe bedding we keep short excavations open and use gravel for bedding. At times we use geo-textiles. At times bedding is specified as a special concrete mix that can be machine excavated and because of its low cement content is cheaper than regular mix.

Hi Reece

Just a few questions to clarify the situation.

You wrote 

"suffering huge delays due to reworking the pipe bedding up to 7 times sometimes due to rain.Ripping it all out etc """   """

What else was causing the loss of the pipe bed?

Did you originally plan to lay pipes in the rainy season?

Or did earlier delays drop you into it?

Or is this rainy spell quite exceptional.

Is the damage caused by direct rainfall or flooding due to excess rain? An insurance claim may be possible for the physical damage and maybe the delay.

Can you overlay the pipe bed with a protective Terram membrane to stop contamination? (roll it off downhill).

Looking forward to your responses.

Mike Testro