Adverse weather during construction
Where there is a delay to a construction project which impacts on the completion date, and that delay was not caused by the contractor, it may constitute a relevant event (or compensation event), for which the contractor may be entitled to an extension of time and in some cases loss and expense.
Some contracts list exceptionally adverse weather conditions as one such event. Even if it is not specifically mentioned however, it may still qualify as a neutral matter (not caused by the employer or the contractor) that adversely affects the completion date.
The question then is what constitutes exceptionally adverse weather, rather than general adverse weather that the contractor should have allowed for in their price. Unhelpfully, contracts do not always define the term (for example JCT contracts), leaving it to the discretion of the contract administrator, and so opening up a potential source of dispute.
Where it is defined, it tends to be weather that is exceptionally adverse for that time and location. NEC contacts state that this is where the weather over a calendar month has occurred on average less frequently than once in ten years. This means that a short period of poor weather is unlikely to qualify, and that if poor weather crosses two calendar months it may not qualify even if it has lasted for a considerable time. The location and types of weather to be measured should be set out in the Contract Data.
Generally, information should be collected from a weather station close to the site (from which historical records are available), or on site and compared with met office data. This may include information such as; the amount and duration of rainfall, air temperature and duration, volume and duration of lying snow, wind speed and so on, depending on the nature of the works.
It is likely that this approach would also be accepted on projects using forms of contract in which there is no definition.
Even where exceptionally adverse weather is defined in the contract and can be shown to have occurred, it must still be proven that this was the cause of a delay and on some forms of contract, that the contractor has used their best endeavours to mitigate any delay. Again, this is a potential source of dispute, and so good record keeping is necessary, and the correct procedures of notification must be followed.
[edit] Related articles on Designing Buildings
Featured articles and news
The need for a National construction careers campaign
Highlighted by CIOB to cut unemployment, reduce skills gap and deliver on housing and infrastructure ambitions.
AI-Driven automation; reducing time, enhancing compliance
Sustainability; not just compliance but rethinking design, material selection, and the supply chains to support them.
Climate Resilience and Adaptation In the Built Environment
New CIOB Technical Information Sheet by Colin Booth, Professor of Smart and Sustainable Infrastructure.
Turning Enquiries into Profitable Construction Projects
Founder of Develop Coaching and author of Building Your Future; Greg Wilkes shares his insights.
IHBC Signpost: Poetry from concrete
Scotland’s fascinating historic concrete and brutalist architecture with the Engine Shed.
Demonstrating that apprenticeships work for business, people and Scotland’s economy.
Scottish parents prioritise construction and apprenticeships
CIOB data released for Scottish Apprenticeship Week shows construction as top potential career path.
From a Green to a White Paper and the proposal of a General Safety Requirement for construction products.
Creativity, conservation and craft at Barley Studio. Book review.
The challenge as PFI agreements come to an end
How construction deals with inherited assets built under long-term contracts.
Skills plan for engineering and building services
Comprehensive industry report highlights persistent skills challenges across the sector.
Choosing the right design team for a D&B Contract
An architect explains the nature and needs of working within this common procurement route.
Statement from the Interim Chief Construction Advisor
Thouria Istephan; Architect and inquiry panel member outlines ongoing work, priorities and next steps.
The 2025 draft NPPF in brief with indicative responses
Local verses National and suitable verses sustainable: Consultation open for just over one week.
Increased vigilance on VAT Domestic Reverse Charge
HMRC bearing down with increasing force on construction consultant says.
Call for greater recognition of professional standards
Chartered bodies representing more than 1.5 million individuals have written to the UK Government.























