Level With Me By JeremyWyatt
Chilly Change Orders: When Does Winter Weather Become a Compensable Change on Your Project?
What to Look For in Your Contract The most appropriate clause to zero in on if present in your construction contract is the limit on weather-related float days. Many modern contracts have a set number of days, whether two, five, 10, or whatever it may be, that you must calculate into your schedule as “expected” weather delays. This is the amount of time you have promised to accept as weather delays and still complete work on time. The next time you review a contract, take a look closely in the sections related to timing and substantial completion and chances are, you will see a clause like this. The straightforward “no damages for delay” clause comes in to play in almost every weather-related delay claim. That clause typically states that, even though you may have been delayed or impacted from cold weather, you are not entitled to recover money damages for those delays except under specific circumstances. Essentially, this clause shifts to you the risk that weather will delay your work. Another clause that can affect winter weather claims is “force majeure,” which is French for “oh boy, this is really, really bad!” In essence, a force majeure clause typically says that, in unforeseen circumstances that make performance commercially impracticable – such as the Storm of the Century – the parties can avoid or renegotiate their contract duties. Any of those clauses (and others) could trip you up and cut off your recovery for winter-related costs, so here are a few tips to place yourself in a good position to recover any additional costs.
This winter, construction companies are going to lose millions of dollars reacting to delays and impacts to their work caused by cold and inclement weather. But it doesn’t have to be that way for you if you know how to protect your right to compensation for project changes. How It Happens The imagination conjures up the most extreme possibility – the Storm of the Century. Certainly, a major weather event will delay and impact your project work. And it may even cause serious damage to your work. Moreover, someone has to clear the snow from your construction project, and if that someone is you, those costs can mount quickly. The most common weather-related change, however, is the schedule shift. Often, a project is delayed for one reason or another unrelated to you, which means that your work is shifted to a later timeframe. When that work is shifted into winter months, it can result in all sorts of impacts and additional costs. Concrete, for example, requires mix additives, tenting, heaters, and blankets (among other things) to cure properly in winter months. If you were expecting a summer concrete pour, you would not have budgeted for all of that. Winter weather brings all kinds of risks for delays, damages, and disputes. It’s important to know how to effectively combat these issues.
Continued on Back ...
jwyatt@harrisonlawgroup.com
www.HarrisonLawGroup.com
(410) 832-0000
Made with FlippingBook - professional solution for displaying marketing and sales documents online