We are the client on an NEC4 ECC. Our contractor has notified a weather compensation event for August 2020, with the rainfall being 11 days of 5 mm and above in the month, and over 120 mm of cumulative rain in the month. Met Office averages are 8 days over 5 mm and cumulative 114 mm of rain.
The last Friday of the month (28 August) saw a rainfall of 5.1 mm, and 0.6 mm on Saturday 29. It did not rain on the Sunday, bank holiday Monday or Tuesday 1 September. However, when the contractor returned to site on Tuesday, it was unable to work as planned and had to pump out excavations to continue working. Is this standing time on Tuesday a consequence of and therefore part of the August weather event, or a part of September’s weather?
Presuming the flooding was caused by rainfall rather than some other event, and given it did not rain on 1 September, this is clearly an event related to rainfall in August. It should therefore be included in the assessment of the weather compensation for August. The compensation event occurred in August, but its effects continued into September