The Civil Engineering Contractor March 2018 | Page 39

BUSINESS INTELLIGENCE
In simple terms, specific reference should be
made in the Contract Data and/or by way of a
special condition to the applicability of additional
costs in the circumstances of abnormal weather
conditions and delays in the extended period/
periods of the contract. The contractor should
also qualify in its tender that in the event of an
extension of time, the contractor has not allowed
for additional costs and that such additional costs
will be an entitlement in addition to time-related
General Items.
Contractors: keep yourselves covered! nn
About the author
Gavin Doubell is an advocate who has
practised as such for the past 22 years as a
member of the Johannesburg Bar, the last 15
years of which specialising as a construction
advocate. His experience includes major
local and international dispute resolution in
this sector.
Any abnormal weather
conditions that are experienced
during the extended contract
period and which give rise to
an extension of time, could
not and cannot have been
anticipated or priced for, and
such extensions must be dealt
with as and when they occur.
The position at tender stage is that the contractor
is contractually directed, when pricing its tender, to
make provision for expected rain delays (among other
events) and is given statistical data to complete this
exercise.
CEC March 2018 - 37