Construction contracts will generally allow the period of construction to be extended when there is a delay that is at no fault of the contractor.
To successfully file for an extension of time the delay must fit a specific contractually recognised ground and they must follow rigid administrative procedures.
Claims should be judged against the progress of the work and must demonstrate the link between the breach and the delay.
Assessing the need for an extension of time
It is crucial when assessing an application for an extension of time that there is a high quality of evidence to back up the claim.
There are all sorts of reasons why a construction project might be delayed, one of the more common reasons is exceptionally adverse weather.
Exceptionally adverse weather is defined to be poor weather that crosses over a calendar month, this can include rain, snow and extreme wind.
A short period of poor weather is not typically the reason why an extension of time delay is issued.
However, poor weather that lasts over two calendar months this also may not class as adverse weather.
Information about a delay of time due to weather conditions should be collected from a weather station close to the site and compared to Met Office data.
This type of delay often occurs in the winter when ground workers cannot begin until the ground is dry enough for them to commence.
Although we are now quickly approaching the summer months, it must be noted this is a yearlong issue.
The heat can slow production due to issues that arise from warm weather, such as exhaustion of workers and even mechanical failure due to heat expansion.
Some contracts will list exceptionally adverse weather as once such event and it may classify as a neutral matter, not caused by the employer or contractor.
If you have any questions about weather related Extension of time delays, get in contact with our team today.