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Construction Law/Rainfall, Employer's Risk, EoT


We are using the FIDIC design-build form of contract 1999 for a substation construction project in Guyana, South America. Here, annual rainfall is about 2,000mm. Subclause 17.3 (h) on Employer's Risk lists "any operation of the forces of nature which is Unforeseeable or against which an experienced contractor could not reasonably have been expected to have taken adequate preventative precautions."

Does rainfall come under this risk category? If so, how does one assess such a claim for extension of time and costs? Do you have any references?

Dear Paul,

You can claim for an extension of time under clause 8.4 c). You can claim for exceptionally adverse climatic conditions, which have been defined as worse than in the past ten years.  You need to get the weather records for the past ten years.  If the climatic conditions are worse this year than in the past ten, then you might have the basis for a claim for time and money, but it will be difficult.

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


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Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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