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Recent weeks have pretty much justified our obsession with talking about the weather – blistering heat one day and lightning storms, flooding and landslips the next. But how does the weather impact on construction sites?It may be true that it is almost inevitable that weather conditions will impact on the progress of works during winter as we get to grips with snow, rain and wind, but what about in the summer? Can extreme heat affect project progress? Apart from the threat to health caused by extreme heat and its impact on productivity, high temperatures can also cause overheating and fire risks to flammable materials on site; can affect the moisture content in building materials such as concrete, and can cause problems of dust which can damage machinery.Some contracts make no provision for weather or some specifically exclude weather from a list of matters entitling extensions of timeMost competent contractors will allow for a degree of adverse weather. There are situations though where contractors will be entitled to relief but precisely what sort of relief will depend on the contract conditions. Some contracts make no provision for weather or some specifically exclude weather from a list of matters entitling extensions of time. Contractors working under such conditions will bear the risk of weather, the theory being that contractors are in practice the ones best able to manage the risk.Other contracts, such as the JCT, recognise that an extension of time can be given for “exceptionally adverse weather conditions” – though there is no equivalent entitlement to loss and expense. Adverse weather conditions are usually established by comparing current conditions to previous weather records at that location. Similar to the JCT, FIDIC contracts use the expression “exceptionally adverse climatic conditions” and the engineer will usually decide whether the weather is sufficiently adverse. For both contracts, there is no definition of what constitutes exceptional adverse weather but it will mean something out of the ordinary. So in assessing if the weather is exceptional, the contract administrator must assess the weather in relation to the particular location of the project and the time of year to establish its severity (higher temperatures than usual), its duration (extended periods of extreme heat) or frequency of occurrence (much more frequent very hot weather).For weather delay to be excusable it must have been beyond the contemplation of the parties at the time the contract was entered intoThe NEC contract includes adverse weather as a compensation event by referring to a “weather measurement recorded within a calendar month … at the place stated in the contract data … the value of which, by comparison with the weather data … is shown to occur on average less frequently than once every 10 years.” The contract data enables the parties to complete which weather measurements are to be recorded and although most of the references are to rainfall and snow, the parties are free to add extra weather measurements, such as temperature should they wish. The parties also need to state the weather records that will form the weather data which acts as a benchmark against which the weather measurement is compared. This adds a degree of objectivity, but one issue with the NEC is that the compensation event is concerned with weather occurring at the place named in the contract data which could be the local weather station rather than the site. If the high temperatures occur on site but are not recorded at the place stated in the contract data, then there would be no compensation event. Additionally, weather which the weather data shows is likely to occur within a 10-year period will be the contractor’s risk. Unlike the JCT, the NEC contract provides a contractor potential entitlement for both time and money if an event is a compensation event.For weather delay to be excusable it must have been beyond the contemplation of the parties at the time the contract was entered into. There also remains the tricky subject of showing that the weather has actually impacted on the completion date. Proving entitlement is not always straightforward. There needs to be an analysis of the conditions against historical data, so daily logs of weather, site diary notes, and a record showing what activities were not possible due to weather should be kept. It is best to make these records at the time, as demonstrated in a case I was involved in many years ago where a contractor claimed 30 days for weather over a 90-day period, and there were indeed 32 days during that period, which could be demonstrated to have been “bad weather” days, but only two of them coincided with the days claimed.Laurence Cobb is a partner in the construction and engineering team at Taylor Wessing
Related TopicsCorey KluberIndiansMLBRoyals CLEVELAND – The Indians Sunday had to wait out a more than three-hour rain delay to take care of business, but in the end it was worth the wait as they wrapped up an impressive four-game sweep of the Kansas City Royals with a 7-0 win.The victory puts the team at 31-24, seven games over .500 which is their high water mark of the season. They enter a long road trip with a 1.5 game lead on Kansas City, a three-game lead on the White Sox, and a 3.5 game lead on the Tigers.The team also continues to put up impressive numbers within the AL Central, as they are now 18-7 within the AL Central, and 6-1 against the defending World Champion Royals.Corey Kluber set the tone early for the Indians, putting up his best Progressive Field performance of 2016. He threw six innings before Mother Nature got involved.Kluber gave up just two hits, walked a pair and struck out six. He moves to 5-6 with the win, dropping his ERA to 3.84 on the season.“Anytime you can get a four-game sweep it’s big,” Kluber said. “In the division it’s always nice too since those are the teams you are going to play most often. “We played a really good series and hopefully we can keep that going as we head out west.”The offense gave him plenty of support with help of the long ball, as the team clubbed Royals starter Chris Young for four homers in the game, three of which came in the fifth.Tyler Naquin hit his third homer in three games to start the onslaught, and then Carlos Santana crushed a homer down the right field line for his 10th homerun of the season.Francisco Lindor ended the first Indians three-run homer inning since last July (also against the Royals) with a blast to right on a 1-0 pitch to make it a 5-0.Mike Napoli hit the first Indians homer of the game in the 4th inning on a ball that looked at first like a routine fly, but just kept sailing until it went on in right field.Napoli has 14 homers already on the season to lead the team.The heavens opened and there was an over three-hour delay that sent most of the 16,747 home, but the Indians made sure the 5-0 lead held, even adding two more in the 7th to make it a 7-0 final.It was the first four-game sweep of the Royals since August 11th to the 14th back in 2006 at Progressive Field.The Indians now head out west, as they start a long road trip, the first team up is Seattle, with the first pitch Monday night at 10:10pm. Matt Loede Matt Loede has been a part of the Cleveland Sports Media for over 21 years, with experience covering Major League Baseball, National Basketball Association, the National Football League and even high school and college events. He has been a part of the Cleveland Indians coverage since the opening of Jacobs/Progressive Field in 1994, and spent two and a half years covering the team for 92.3 The Fan, and covers them daily for Associated Press Radio. You can follow Matt on Twitter HERE.
Firefighters continue to work on the fire, often in remote areas not easily accessed by road or trail. Crews are establishing temporary spike camps in safe locations near the fire. This lets them monitor the fire and take action quickly without requiring time to drive, hike, and/or fly to critical areas.As the fire activity shifts over the landscape, the crews move their spike camps. Food, water, and other supplies are often delivered by helicopter. This dynamic system allows fire personnel to cover large sections of a fire safely and efficiently, according to the Incident Management Team. The fire is continuing to consume unseasonably dry fuels, according to Jim Cahill with the Incident Management Team: “The fire has a lot of fuel available to it because it’s easily ignitable due to the low moisture content of the fuel.” In response to current extreme fire danger on the Kenai Peninsula, effective immediately and until further notice, all open fires are prohibited in Kenai Peninsula State Parks, Kenai National Wildlife Refuge, Kenai Fjords National Park, and Chugach National Forest lands on the Kenai Peninsula. FacebookTwitterEmailPrintFriendly分享The Swan Lake fire is estimated at 99,806 acres with 406 personnel on staff and remains at 14% containment. The fire burned actively on Monday due to the hot, dry weather. There will be a public meeting on Wednesday, July 10, at 6 p.m. at the Cooper Landing Elementary School. This should reduce the smoke impacts on these communities and the Sterling Highway. There will also be a slight chance of thunderstorms, probably over the Kenai Mountains. A change in the weather is expected to reach the Kenai Peninsula, starting later today. The north winds that have been pushing smoke from the Swan Lake Fire into Cooper Landing and Seward are expected to shift to coming out of the southwest. Cahill: “It’s a dynamic strategy. It’s a very mobile plan, we have 8 of them, they can be moved quickly and be very responsive. They’re directly on the line or very close to the line so they can monitor the fire very accurately.”