Adverse Climatic Condition

FIDIC 1999 Red Book

Sub-clause 8.4: Extension of Time Claim: The Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to an extension of the Time for Completion if and to the extent that completion for the purposes of Sub-Clause 10.1 [Taking Over of the Works and Sections] is or will be delayed by any of the following causes:

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Many colleagues who engage with contract administration don’t relay the correct interpretation of sub-clause 8.4 (c). Let’s clear it in the few coming words:- Not every climatic condition are adverse and not every adverse climatic condition are an exception, which means the frequency of occurrence should be considered.- For example, if the project area has a seasonal dusty wind almost at the same time every year, it shouldn’t be considered as an exception. (it should be non-working days in the original programme). If the climatic condition is rare or never happened before, it should be considered as an exception. So, both conditions must be met (Exceptionally & Adverse) to apply sub-clause 8.4 (c) for extension of time.

Categories: : Contract Administration