MDA Law
Managing Heavy Rainfall under the JBCC Contract
As mentioned on our LinkedIn post on 8 January 2025, the SADC Humanitarian and Emergency Operations Centre (SHOC) has issued a heavy rainfall preparedness advisory for early January 2025, urging member states to prioritize disaster management and safety. While this advisory focuses on public safety, the construction industry is equally vulnerable to the impacts of excessive rainfall, including delayed work, mudslides, water pooling, and damage to works.
At MDA Attorneys, we specialize in assisting clients with construction-related claims. Below, we outline what contractors should know about handling claims under the JBCC in the context of heavy rainfall and provide practical insights into the claim process.
It’s important to distinguish between delay and disruption. Delay refers to the extension of the project timeline due to considerable risks and uncertainties which include adverse weather conditions and other factors, while on the other hand disruption deals with the loss of productivity or additional costs incurred, even if the completion date remains unchanged. The JBCC addresses delays caused by adverse weather through Clause 29.0 (Edition 5.0 – July 2007), allowing for more time to reach practical completion but not additional monetary compensation. Contractors must notify the principal agent within 20 working days of the delay becoming apparent – or face the risk of being time-barred in their claims.
For a successful claim, contractors should prepare and submit detailed records of daily site activities and progress reports, weather data from credible stations in the project area showing that the rainfall was exceptional and unforeseeable, photographic evidence of the impact on the site (e.g., water pooling, access road damage), and program impact analysis demonstrating how the rainfall affected the critical path of the project.
Clause 8.0 of the JBCC outlines the requirements for insurance. While the contractor is responsible for the care of the works, both the employer and the contractor often have an obligation to ensure adequate insurance coverage for exceptional events, including natural catastrophes. Contractors should review their contract to confirm these provisions and ensure their insurance policies align with contractual requirements.
MDA advises clients to focus on real-time documentation and early responses to ensure their claims are substantiated and defensible.
Contractors are required to issue a notice for potential delays or risks within 20 days they become apparent. Prompt notification enables all parties to take mitigatory actions and ensures compliance with contractual obligations. Once the delay has ceased, the contractor must submit a claim with full details of the delay within 40 days of the delay having ceased.
Navigating claims for delays and disruptions caused by heavy rainfall requires a clear understanding of the JBCC provisions and meticulous preparation. At MDA Attorneys, we guide clients through the entire process, from initial notification to final claims resolution. By assembling a robust set of evidence and proactively addressing risks, contractors can safeguard their contractual rights and minimize the financial impact of adverse weather conditions. If you anticipate any challenges related to heavy rainfall on your projects, contact us for tailored legal and contractual assistance.
Let us help you build a watertight claim.
