19th January 2010, 06:26 PM
Without having one to hand, from memory the standard form of contract (based on the ICE minor works contract which in turn is very similar to construction contracts with which I am familiar... pause for breath) cites "exceptionally adverse weather" as a relevent event - put another way, an event for whci an extension of time can be claimed. The important thing is the word "exceptionally". This means that the contractor is deemed to have allowed in his programme and costings for weather that could reasonably be expected at that time of year. In short, it is likely to snow in winter and almost certain to rain sometimes. What might constitute "exceptional" can be debatable, but actually not very often - as you'd expect, by definition. The recent conditions just might, due to their relative severity and duration - but then again might not, as they are not THAT unusual. If I was still doing that, I'd be inclined to allow something I think. Construction contractors regularly try it on, and equally regularly have the claim rejected.