For the past week or so, the UK has been gripped by a heatwave that has sent temperatures soaring to record levels, bringing an unprecedented red weather warning from the Met Office. Such weather causes adverse heath effects, travel problems, and more. Year on year we see periods of extreme heat across the UK – the mercury creeps higher, and temperatures stay higher for longer.

What does this mean for construction contracts?

During construction, “exceptionally adverse” weather may entitle contractors to additional time and/or money. In the JCT standard forms, exceptionally adverse weather counts as a “relevant event”, giving rise to an extension of time (EOT) entitlement. Similarly, the FIDIC Red Book entitles the contractor to an EOT if works will be delayed by exceptionally adverse climatic conditions. Both JCT and FIDIC are silent as to what constitutes exceptionally adverse weather or climate.

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