EOT and Claims for Abnormal Weather

Theme: Tendering to Execution; Module: Engineering & Site

Author: Dr. Pradeep Reddy Sarvareddy

Published Date: 13 Jan 2026

For many practical reasons, Contractors end up seeking Extensions of Time (EOT) but are faced against Liquidated Damages.  Weather events such as abnormal rainfall, extreme temperatures, high winds, heavy snowfall, etc., are disputed.  If the Contract is understood properly along with the Engineering distinctions between Weather (such as 10-year Storm vs 100-year Storm), then, such Disputes could be handled much better.  In construction, weather is used differently for contracts assessment, engineering design purposes and temporary works designs.  When these factors are not understood, the Contractor may end up losing a few Claims or may not even ask for losses arising from such events.  Understanding weather in these different situations is essential for EOT and Claims. 

“Weather” we know as summer or winter or something else like that.  But in Contracting, the exact meaning is necessary.  Think of all the conditions like “extreme heat”, “heavy rains”, “abnormal snowfall”, “gusty winds”, etc.  For different purposes the weather is stated differently.  In construction, these purposes are engineering design, Contract and temporary Works.  But most people think that in construction, weather is either good or bad.  But in reality, Design Engineers, Contract Drafters and Temporary Works designers use different parameters for the weather.  If you are smart and can understand a bit of engineering, law and weather, you will definitely win (possibly even the best photographer award).

First, let us look at Contracts.  In most Indian EPC and PPP contracts, usually rainfall is compared to a 10‑year historical average rainfall.  If the actual rainfall (or wind or temperature) in a month during construction exceeds the 10-year average, then contractors are usually entitled to extension of time but usually without any extra money unless the contract explicitly allows extra money.  This rule assumes weather as a statistical “normal” pattern and provides additional time only when the weather is “abnormally high”, because we say that we could not have anticipated such abnormality as it was not normal. 

Second, let us look at Engineering Design.  Usually, when designing bridges, culverts or flood‑related structures, engineers use 100‑year storms (not Ten-years like in the Contract but Hundred-years), often known as the 100‑year 3‑day rainfall.  This means that the rainfall has a 1% (one percent) chance of occurring in a given year (not once in 100 years) and this rainfall data is used to design drainage, assess scour depth, establish freeboard and thereby ensure structural safety of structures that will be directly affected due to heavy rainfall.  So, as per Contract, the rainfall could be considered abnormal, but as far as the design is concerned, the structures are safe and have been designed for this situation. 

Third is the aspect of Temporary Works.  When we say Temporary works we refer to scaffolding, formwork, falsework, staging or diversion roads, etc. Usually, these are designed for lower weather conditions, like 1-year storm.  Some engineers and Contractors believe that they can design these Temporary Works as they see fit, because at the end of the project, you are going to remove them, and by definition they are only supposed to be temporary.  But Indian codes exist even for these temporary works and require how these temporary works and structures are designed, supported, inspected and operated even during the temporary period.  The Contractor has the freedom to choose the arrangement or method of the construction, but the design of the temporary work itself must meet the Indian codes for various factors like rainfall, winds, temperatures, and risks that likely arise due to such weather conditions exist.  Lucky for the Contractor, most Government Engineers don’t really spend time on these temporary works unless a disaster occurs.

Now we realise that there are three different stages in construction.  This multiple definition or requirements for weather is not well known.  Each person sees the weather as they see fit.  But when a dispute arises, people fail to notice these differences and occasionally end up looking only at the definition of weather in the Contract.  This poor knowledge could sometimes win you a case or lose a case, depending on how the other party is knowledgeable.  So, knowing these differences, you can prepare different baselines and avoid misunderstanding.  When you know which “weather” applies, you can finally manage the risk.  You could even be eligible for some claims and more money.

The smartest contractor isn’t the one who works fastest, but the one who understands the weather.