Construction Law/EOT due to rain


QUESTION: Dear Peter,
Recently, though the consultant believes the Contractor can work with the current climatic condition, the Contractor is claiming he was unable to work due to rainfall ranging from 1mm to 30mm. Is there any figure that i can consider as a minimum number? I remember in few project as 7mm. To add more, the Contractor in his program he planned for working hours of 5 hours out of the normal 8 hours.
Kind regards,

ANSWER: Dear Aman,

You do not mention the form of contract nor the applicable law, so the following comments will be general in nature.  

I do not know of any minimum value for rainfall to affect progress.  Most contracts talk about adverse weather, which it is generally considered to mean worse than the average of the past ten years.  It would seem that in your case, the Contractor would have to prove his delays by detailed records of the stoppage for each day and each section of the works, and that he could not work the programmed 5 hours per day.  .  

---------- FOLLOW-UP ----------

QUESTION: Dear Peter,
I thank you so much for your response. To give more information, our project is a road project of Harmonized Fidic 2005. By the way in our contract it does not clarify if it should be worse than the average of the past ten years.
Kind regards,

Dear Aman,

Clause 8.4 (c) exceptionally adverse climatic conditions is relevant.  How to define 'exceptionally adverse climatic conditions'?  Generally it is accepted that the climatic conditions are worse than the average of the past 10 years, based on the premise that the Contractor will have allowed for normal climatic conditions when pricing his offer.  If the Contractor wishes to present an alternative standard, then he must provide the necessary evidence, including case law.  

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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.


Value . . .
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

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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