Many construction projects may suffer delays due to bad weather. While the project manager should be prepared to deal with any consequences, rain delays cannot often be foreseen. Deadlines need to be met, and any delays can create stress, not to mention consequences if you can’t complete a project on time.
Weather may not only have an effect on the completion of the project but also add to its costs. The severity of the situation may require the owner to provide a contractor an extension of time, and perhaps additional pay. There should be provisions in writing for such occurrences allowing the situation to be settled in a fair and judicial way. Clifton construction insurance can also help remedy some of these pertinent issues.
Some delays are non-excusable
Under certain circumstances a contractor may not be entitled to an extension of time or any additional compensation. These contrast with excusable delays, which would entitle the contractor to an extension of time in order to complete the work.
In certain situations the contractor may be entitled to both compensation and an extension of time. A concurrent delay would involve two types of delays occurring at the same time, one compensable and one non-compensable. Because the non-compensable delay cancels the compensable delay, the contractor would therefore not be entitled to compensation.
Typical excusable delays include labor disputes, an unexpected delay in delivery of materials, delays due to a separate contractor, and most weather delays. Delays caused by the owner or its agents are typically compensable delays, for example, delays in obtaining the site, easements necessary for construction and proper zoning, and changes to the contract documents due to conflicts.
In addition, inadequacy of the contract documents or any additional scope of work, as well as unforeseen site conditions, including hazardous materials would fall under compensable delays. If there is an excusable or compensable delay, the contractor has a contractual duty to give the owner proper notice and the contractor should be entitled to an extension of time and compensation for the delay.
In analyzing any claim for an extension of time, parties must consider the project schedule, what activities are delayed, as well as the cause of the delay. If the contractor has a weather delay claim then the owner must be given written notice. If not, the contractor may waive any rights to an extension of time and can best rectify the situation with Clifton construction insurance coverage as a remedy to the issue.