HT-2023-000321 - [2025] EWHC 1764 (TCC)

The weather downtime analysis by Mr Moore did not include any consideration of waiting on tides (and this is not something considered by Mr Scott at all). Mr Moore identified 39 hours and 18 minutes waiting on tides. The most significant of these was an overall period of 33 hours and 47 minutes during August when work was waiting on tidal conditions particularly so that the Suzanne A could cross the sandbar. In principle, downtime caused by waiting on tides should be taken account of in determining, in accordance with the principles above, what a ‘reasonable’ time was for Pharos to complete the works. Waiting on tides was out of Pharos’ control.