The scope of abnormal weather conditions?

(1) How to define the abnormal climatic conditions in Xinjiang engineering construction? Please help.

I suggest you consider the following points: Force majeure, clearly defined, refers to unforeseeable, inevitable and insurmountable objective conditions. It includes two natural phenomena, such as earthquake, typhoon, flood and tsunami, and social phenomena, such as war, piracy, * * *, and * * behavior. Bad weather is not a force majeure factor, but a foreseeable risk of experienced contractors, so this is generally not a claim. Of course, some bad weather conditions will lead to some natural disasters such as landslides, which generally belong to the risks that the owners should bear, and the construction unit can claim compensation. Therefore, in contract management, it is very important to distinguish the responsibilities and obligations of both parties and the scope of risks they should bear. It is mainly necessary to stipulate the criteria for judging abnormal weather in detail in the contract. For example, outdoor construction is not allowed in winter in Xinjiang, and it can be clearly stipulated that the work will be stopped when the temperature is as low as a few degrees. It seldom rains for several days in Xinjiang, but unexpected factors cannot be ruled out. For example, floods often occur in southern Xinjiang. Considering from several aspects, the more detailed, the better, otherwise it feels bad to be claimed.

(2) What are the common adverse meteorological conditions?

He is more stupid than A Zheng, Feng Jing B, Xiao Feng C, inverted D and smoking.

⑶ How to define the abnormal climatic conditions of Xinjiang engineering construction?

There are different agreements in this different field. Specifically, it should be included in the scope of "force majeure" in the contract terms. In fact, I think this problem is a headache often encountered in engineering construction contracts. This requires you to reach an agreement with the employer in advance in the contract, and now there are too many disputes arising from it.

I suggest you consider the following points:

Force majeure, clearly defined, refers to the unforeseeable, unavoidable and insurmountable objective situation. It includes two natural phenomena, such as earthquake, typhoon, flood and tsunami, and social phenomena, such as war, piracy, * * *, and * * behavior. Bad weather is not a force majeure factor, but a foreseeable risk of experienced contractors, so this is generally not a claim. Of course, some bad weather conditions will lead to some natural disasters such as landslides, which generally belong to the risks that the owners should bear, and the construction unit can claim compensation. Therefore, in contract management, it is very important to distinguish the responsibilities and obligations of both parties and the scope of risks they should bear.

It is mainly necessary to stipulate the criteria for judging abnormal weather in detail in the contract. For example, outdoor construction is not allowed in winter in Xinjiang, and it can be clearly stipulated that the work will be stopped when the temperature is as low as a few degrees. It seldom rains for several days in Xinjiang, but unexpected factors cannot be ruled out. For example, floods often occur in southern Xinjiang.

Considering from several aspects, the more detailed, the better, otherwise it feels bad to be claimed.

(4) claim according to FIDIC clause "about abnormal weather conditions"

Personally, it depends on what version of the contract you use. If the contract is based on Fidyk, then the Fidyk contract stipulates reasonable measures and reasonable profits needed to deal with extreme adverse weather conditions. However, according to China's bidding law, the project you mentioned should be a project that must be tendered, so the new standard document in 2009 has not been implemented, and there should be no "abnormal weather conditions" clause in the contract, so your project should not be applicable.

However, the "standard documents" used in the projects that must be tendered at present include "abnormal weather conditions", which stipulates that the construction period and expenses can be compensated, but the scope of "abnormal weather conditions" needs to be agreed in the special contract terms.

5] Who will bear the losses caused by abnormal weather conditions?

This is a loss caused by natural disasters, and no one is responsible. You have to bear it yourself. If it is really serious, there may be temporary assistance, but this is not compensation, but assistance.

[6] What is the stipulation or explanation of "abnormal bad weather conditions" in the "Regulations on Safety Production Management System of Non-coal Mining Enterprises"?

Article 1 In order to implement various national safety laws, regulations and standards, protect state property, ensure the safety and health of workers in the production process, and promote the development of chemical industry, this system is formulated in accordance with the provisions of the constitutions of People's Republic of China (PRC) and the country of origin on "strengthening labor protection and improving working conditions".

Article 2 All chemical enterprises (including chemical mines, chemical machinery and chemical infrastructure units) shall strictly abide by this system.

Article 3 Enterprises should conscientiously implement the policy of "safety first, prevention first", create safe and hygienic working conditions for all work and realize safe and civilized production.

Article 4 Enterprises shall take all possible measures to comprehensively strengthen safety management, safety technology and safety education to prevent accidents.

Fifth enterprises in addition to the implementation of this system, but also must strictly implement the relevant national and ministerial safety regulations, systems and standards.

Once, how to claim for adverse weather conditions was analyzed from the perspectives of whether to claim, what expenses can be claimed, and the construction period.

The specific scope of abnormal weather conditions shall be further determined by the special contract terms. When abnormal weather conditions occur, the contractor has the responsibility to take measures to avoid and overcome the losses caused by abnormal weather conditions, and has the right to request the employer to extend the construction period. When the Employer does not agree to extend the construction period, it may pay the extra expenses for speeding up the work according to the agreement of "the Employer delays the construction period", but it does not include profits. Therefore, under normal circumstances, bad weather conditions cannot be claimed. If some natural disasters such as mountain torrents are caused by unfavorable weather conditions, their nature will change and become force majeure. In case of force majeure, the principle of * * * taking risks shall be implemented, and the losses of all parties shall be borne by themselves, and the construction period may be postponed. The treatment of force majeure mentioned here is based on the provisions of the domestic construction contract model, which is different from the FIDIC contract model, and the specific situation is analyzed in detail.

In the construction contract, it is defined as the scope of abnormal weather conditions. Why?

1) rainy days with daily rainfall greater than 50mm exceed 1 day;

(2) Typhoon disaster with wind speed greater than _ _ _ _ _ _ _ _ _ _ _ m/s _ _ _ _ _ _ _ _; inside

(3) The daily temperature exceeds 38℃ and the high temperature exceeds 3 days;

(4) The severe cold with daily temperature below -20℃ lasts for more than 3 days;

(5) Hail and heavy snow disasters that cause engineering damage: daily snowfall 10mm or above;

(6) Other abnormal weather disasters.

(9) Is the rare rainstorm force majeure or extreme weather conditions?

Rare rainstorms are extremely harsh climatic conditions.

⑽ l What are bad weather conditions?

Catastrophic weather refers to sudden, fast-moving, violent and destructive weather in meteorology, which mainly includes thunderstorms, hailstorms, tornadoes, local heavy rainfall and snowstorms.

Examples of several common bad weather:

1, thunderstorm and gale

Thunderstorm and gale refers to the weather phenomenon that the wind reaches or exceeds level 8 (≥ 17.2 m/s) when there is lightning and heavy rain. Sometimes thunderstorms and strong winds are called storms. During a thunderstorm and gale, dark clouds roll, thunder and lightning, accompanied by heavy precipitation and sometimes hail, and the wind speed is extremely high. Generally, it only covers a few kilometers to dozens of kilometers.

2. Hail

Hail is also called "Hail", commonly known as hail, and it is called "Lengzi" in some areas, which is the most common in summer or at the turn of spring and summer. It is some ice particles as small as mung beans and soybeans and as big as chestnuts and eggs. Except for Guangdong, Hunan, Hubei, Fujian, Jiangxi and other provinces, there is less hail weather in China, and every place suffers from different degrees of hail disasters every year. Especially in the mountainous and hilly areas in the north, the terrain is complex, the weather is changeable and there are many hail, which is very harmful to agriculture. Heavy hail destroyed crops and houses, injured people and killed livestock. Extraordinary hail can be even bigger than grapefruit, which will kill people, destroy a large area of farmland and trees, and destroy buildings and vehicles. It has powerful lethality. Hail disaster is one of the most serious disasters in China.

3.tornado

Tornado is a strong wind vortex accompanied by a funnel-shaped cloud column rotating at high speed, which is produced by strong convection of air in extremely unstable weather. The wind speed near the center can reach 100 m/s ~ 200 m/s, with a maximum of 300 m/s, which is several times larger than the maximum wind speed near the center of typhoon (generated at sea). Tornadoes are extremely destructive. Where they pass, they often pull up trees, overturn vehicles, destroy buildings and so on, and even suck people away.

4. Local heavy rainfall and snowfall

Heavy rainfall is generally called rainstorm in meteorology, or heavy precipitation, which refers to rain with great precipitation intensity. The same is true of heavy snow.