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Rain Days - EOT Claim.

10 replies [Last post]
Marcio Sampaio
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How do u deal with EOT claim based on Rain Days?

Regards.

Replies

ashraf alawady
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if the rainfall was the biggest in 50years so you are entiteled to claim EOT and you can create a separete additioal event call(Delay due to un expected heavy rain)with total duration of the stoping period and link this activity with the effectet perdessors and sucessors and run the program to see the impact of this delay event on the approved work program.
Vijayasarthty S
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In My scenario the rainfall was the biggest in 50years so we got a reprieve.
Pradeep Mendonca
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You are right ravi...

there should be a physical obstruction to claim for an EOT. Just a heavy rainfall (without any obstruction) will not help in this case.

regards,
pradeep
A D
User offline. Last seen 3 years 46 weeks ago. Offline
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Marcio / Sarthy,

It all depends weather there is a specific clause in the contract or not for rainy days

If u r referring Clause 12.2 of 1987 FIDIC, it states the events which you cannot forsee.

In countries like Brazil, where Marcio is working or in India, where Sarthy has done has done this project, you just CANNOT say that you have not forseen the rain.

You can ask EOT for either HEAVY RAINFALL (Not seen in last 10 years or so) or for FLOOD (which pradeep has mentioned)

I am doubtful, weather you can claim EOT for rainy days.

Am I right?

Vijayasarthty S
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In a previous project of mine we had done something similar and have been successful it getting it. We started out by submitting the rainfall data for the previous day in our Daily Progress Report and then asked for an additional 60 days because of Rain and Other COnsequential Delays in line with the Physical Obstruction to the SIte criteria. To Support this we also furnished documents from the Local Meterological Office...and other similar data.

We Were Able to Wrest 27days from the Employer / Consultant.
It was For a FLyover Project.

Regards,

Vijay
J Venkatesh PMP P...
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Rite Pradeep....

this is a systematic approach and a goood procedure...

even the same procedure, we used in 2 of my previous projects and dealt with Time extension...

J
Pradeep Mendonca
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Dear Marcio,

This is what i can suggest...
Refer clause 12.2 of FIDIC 1987 where the contractor can claim for EOT when he could not forsee an event. This i can say if the work site was flooded (which is a physical obstruction) and could not carry out the work.

Be sure to support your claim by getting the history of weather data for the last few years (say 10-15 years) from the meteorological (hope i spell right ) department. If there was heavy rain which no one could have predicted (in this case experienced contractor) then i am sure you can get EOT. However, it depends on the relation your company has with engineer and employer.

Actually we had got EOT in one of our projects way back; atleast half the claim of EOT without any cost / claim on prelims. We agreed and the chapter was closed. This does not allow you to make any reference ;)

regards,
pradeep
Marcio Sampaio
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Thank u all...

There is a contract clause about that. We are studying tha case.

Regards.
Santhosh kumar Na...
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Hi Normally u will not get it? read carefully the contract. if they mention and rainy day and windy day etc etc to be the part of contract duration u cant claim separate but u can put a justifiable duration on account of high wind /rain, by refering prvious data!!
Shahzad Munawar
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Seek clause related to rains or unprecedented rains in your Contract Agreement. Based on which you can claim and get EOT for this item.