22nd June 2008, 03:01 PM
As one who has administered constructioj contracts for may years (JCT, not ICE) I offer the opinion that it is clear from his terminology etc. that 1man certainly knows his contractual onions and I respectfully suggest that oanyone a little vague about these matters could do a lot worse than heed his advice.
'Exceptionally adverse weather' (4.4h) is the same as in the JCT (standard building construction) contract. Many a time I had a contractor applying for an 'extension of time' on the grounds of weather when in fact condditions were adverse, but not exceptioannly so. The date for complettion was not therefore revised (i.e. no extension granted). We used to ask the contractor (and minute) at the pre-contract meeting to conform that he had priced for the works to continue through adverse weather conditions. Invariably they would give a wry smile and say yes. The point is, if the contract runs during winter you know it is going to rain sometime, maybe snow as well, and should programme accordingly. If it snowed for six weeks non-stop, that would probably be deemed exceptional.
'Exceptionally adverse weather' (4.4h) is the same as in the JCT (standard building construction) contract. Many a time I had a contractor applying for an 'extension of time' on the grounds of weather when in fact condditions were adverse, but not exceptioannly so. The date for complettion was not therefore revised (i.e. no extension granted). We used to ask the contractor (and minute) at the pre-contract meeting to conform that he had priced for the works to continue through adverse weather conditions. Invariably they would give a wry smile and say yes. The point is, if the contract runs during winter you know it is going to rain sometime, maybe snow as well, and should programme accordingly. If it snowed for six weeks non-stop, that would probably be deemed exceptional.