Forece Majeure has nothing to do with it. I have done a lot of claims on road projects. It depends on what the claim is about. If its a claim for damage to the contract works caused by wet weather, the insurers should pay. On the other hand, what it appears to be, is a cap in hand claim to MRWA for delays due to wet weather. Contractors typically take on wet weather risk and clients are seldom sympathetic but you can sometimes get a claim up if you can link the wet weather to client caused problems. I have more experience dealing with these claims on the east coast where it has been terrible weather for building roads over the past few years and havent dealt with MRWA but from what I hear, they arent an overly sympathetic client.
BYL Price at posting:
8.9¢ Sentiment: None Disclosure: Not Held