Claims » Extensions of Time
Weather Delays — Exceptionally Adverse Conditions
Every contractor prices for weather risk, every programme includes weather allowances, and every project is delayed at some point by conditions beyond the contractor’s control. But the contractual entitlement from weather delays is strictly defined — and significantly more limited than many contractors assume.
4 min read · Updated 21/04/2026
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By Basel Al Najjar Civil Engineering Consultant, DIAC Arbitrator, Tribunal Chairman and Accredited Expert Witness. Over two decades advising UAE contractors, developers and law firms on FIDIC, claims and arbitration. |
In this article
Key takeaway
EOT for weather requires conditions that are “exceptionally adverse” — measured against historical meteorological records, typically a 10-year average for the site. Ordinary bad weather, however inconvenient, does not qualify. Under JCT and FIDIC, the contractor recovers time but not money. Only under NEC4 Clause 60.1(13) does the contractor recover both time and cost for qualifying weather events.
1. The common misconception about weather delays
The common misconception is that any weather delay generates an EOT entitlement. In fact, most standard forms limit EOT to weather conditions that are “exceptionally adverse” — a threshold that requires comparison with historical meteorological records for the site location. Ordinary bad weather — rainfall at twice the monthly average, a cold snap that is unpleasant but not exceptional — does not qualify. The contractor priced for weather risk and is expected to bear it.
The second common misconception is that an EOT for weather also generates a cost entitlement. Under JCT and most FIDIC forms, it does not. The contractor gets time but not money. Only under NEC4 is a weather compensation event both a time and a cost trigger.
2. The “exceptionally adverse” test across standard forms
Standard form positions
Under JCT SBC 2016, Clause 2.26.9 lists “exceptionally adverse weather conditions” as a Relevant Event. The phrase is not defined but is understood by reference to meteorological data — weather is “exceptional” if it exceeds the long-term average by a statistically significant margin. Under FIDIC Red Book 2017, Clause 8.5(b) entitles the contractor to EOT for “exceptionally adverse climatic conditions,” and Clause 19 (Exceptional Events) may also apply to extreme weather. Under NEC4, Clause 60.1(13) defines a weather compensation event as weather that, measured at the identified weather data point, is shown to occur on average less than once in ten years — a precise, defined threshold that entitles the contractor to both time and cost.
The SCL Delay and Disruption Protocol (2nd edition, 2017) recommends comparison with the 10-year average for the month in question when assessing exceptionality under JCT and FIDIC — a benchmark that has been adopted in UAE arbitration practice where the governing law permits reference to the Protocol.
3. Practical application — weather monitoring
For contractors
Establish a weather monitoring system from day one of the project. Record daily weather data — temperature, rainfall, wind speed — from a suitable on-site or nearby weather station. Compare against 10-year meteorological records for the location at the end of each month. Identify exceeding events and calculate their impact on the critical path. Submit EOT notices promptly under the applicable clause.
For employers and contract administrators
Assess weather EOT claims against historical meteorological data, not against the contractor’s assertion alone that weather was bad. Require the contractor to submit contemporaneous weather records and a comparison with historical averages before evaluating the claim.
4. Risks and mitigation
For contractors, failure to maintain contemporaneous weather records makes it impossible to substantiate a weather EOT claim after the fact. Meteorological data is publicly available; a contractor without its own site records is in a weak evidential position when the employer’s own data or national meteorological office records are produced at arbitration. For employers, automatically rejecting weather EOT claims without proper analysis may expose the employer to time-at-large arguments if the weather events are severe enough to displace the completion obligation.
Install an on-site weather station from the start of the project. Record data daily. Compare against 10-year averages monthly. Submit EOT notices for qualifying weather events without delay. Under NEC4, monitor rigorously against the contractually defined weather data point and threshold.
5. Conclusion
Weather delays are real, but the entitlement is specific and limited. Contractors who want to recover time for weather delays must demonstrate exceptionality against historical data, prove critical path impact, and follow the notice procedure. The financial risk, under most standard forms used on UAE projects, remains with the contractor — regardless of how exceptional the weather turns out to be.
Related reading
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Claims Grounds for Extension of Time — Employer Risk EventsThe qualifying events that trigger EOT entitlement in the first place. |
Claims Notice Requirements for EOT ClaimsHow notice obligations determine whether a weather EOT claim survives to quantum. |
Claims As-Built Programme in Delay AnalysisWhy contemporaneous records — including weather records — support the credibility of any EOT claim. |
Weather disruption on a live UAE project?
Weather EOT claims live and die on contemporaneous records and comparison against historical averages. Early engagement on weather monitoring pays dividends when the events actually occur.
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