“If weather conditions are the basis for the claim for additional time, such claims shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not be reasonably anticipated, and had an adverse effect on the scheduled construction.” For example, let’s take a look at two standard contract forms to see how they address this issue:
#Extreme weather calculator how to
Well-drafted construction contracts should include a section on how to deal with weather delays, and what amounts to excusable and severe conditions. Unfortunately, it also prohibits the ability to recoup the additional costs incurred by the contractor due to the delay. These are most often dealt with through force majeureclauses, which recognize that delays caused by unusually severe weather should be considered excusable.Ĭategorizing weather delays as excusable allows the contractor additional time to complete performance.
Since no one can control the weather (yet), weather delays are handled a bit differently. Typically, delay claims are the responsibility of the party who was in the best position to control the event that caused the delay. How to Write a Notice of Delay for a Construction Project Therein lies one of the most significant issues with weather delays.Ĭonstruction Delay Claims: Types, Claims, & Defenses If the delay is considered excusable, then the contractor will be granted a time extension – but no extra money. Excusable delays are those that are out of the contractor’s control, while inexcusable delays are due to someone’s fault or negligence. If it is a critical delay, we move on to excusability.
The first question is whether the delay has affected the critical path or not. Regardless of the cause, delay claims must be properly classified to determine whether the contractor is eligible for more time, money or both. (Though it’s not the biggest culprit - contractors say change orders cause more jobsite delays than the weather.) General Construction Delays: What’s the excuse?Ĭonstruction project delays are common, and bad weather is frequently to blame. General Construction Delays: What’s the excuse?.
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