We have obtained weather data for a particular month and it shows the contractor is entitled to 5 days for air frost and 8 days for lying snow. Are these figures added together to give 13 days, or is it just the 8 days as each snow day coincides with a frost day?
Answer
I am afraid it is not as simple as that (as it is also not with other forms of contract). Two separate compensation events have occurred and you need to decide what effect those have had to both the time to carry out the work (clause 63.3) and the defined cost (clause 63.1). But it is not a simple case of adding the number of days together and saying that the contractor is entitled to them, you have to decide what effect that weather had on time and money.
For example, with frost, what work was delayed (if any), and what did that cost? That will depend upon the work being carried out at the time, and when the frost occurred. For example frost overnight may have no effect at all, especially if there was no frost-susceptible work being carried out at the time. Equally the snow may hay have little or no effect if it was lying at a time when work was being carried out inside the building, or when the contractor was not working, for example weekends or over the Christmas break.
Once you have decided what the effect of each compensation event is then you need to check for, and eliminate, any double-counting, for example the snow and frost both delaying the same work at the same time.
I say ‘you’ but in reality this is, at least at first, the responsibility of the contractor and it needs to provide whatever records and information is necessary to show what the effects were of these compensation events. If you do not agree then you should make your own assessment, all in accordance with the procedures set out in clauses 61 to 65 of the contract.
