The current winter season and construction claims – a love story like Twilight?

This winter is the season of gloom for construction claims companies. Thanks to snowfall, blizzards and cold weather, the projects endure delays and companies lose money. However, for some companies, it does not have to be that way if they know the way to protect their rights to compensation for changes in projects.

In what ways does winter adversely impact construction works and the construction claims process?

Imagine for once that the storm of the century i.e., winter storm struck the cities of Toronto, Chicago, Windsor, Detroit and Milwaukee. A similar blizzard strikes havoc on New York City, Philadelphia, Newark, Boston and Atlantic City. Just imagine what can happen when such a storm hits these places. Disaster is the first word that comes to mind.

 

A major weather storm can cause a monumental delay and hurt the project’s work. Construction sites covered in snow need clearing. The costs can start mounting up regardless of the work’s pace.

The weather will then force a major change (or set of changes) in the schedule which then may cause further delay and time extensions in the construction works. Delays in projects cause project timelines to extend and go forward further.

Shifting the work in the days and months of the winter season has always proven to be disastrous. It results in numerous adverse impacts, additional expenses, delays and issues with materials. Let us take the example of concrete, it requires mixing additives, tents, heaters, blankets and many other objects so it can cure properly in the cold season.

Professionals expecting a summer like pour for concrete usually don’t budget for winters and all the things needed during the snowy season. Weather of the winter season brings numerous types of delays, risks, damages and disputes. Hence each construction professional and company should know how to handle such issues.

What should parties look for in their respective construction project contracts?

One of the best clauses to zoom in on such issues, especially for those paying for construction (and for construction companies too), is checking the contract’s limit on float days related to weather.

Most modern-day contracts set a specified limit regardless of whether it is two days, five days, 10 days etc. They are part of the schedyle as weather induced delays. This helps in accurate calculations for entitlements. 

Reason being; this is the amount of time all parties have promised to accept when weather delays come in, and are still able to complete work on time.

When all the parties involved review a contract next time, they must examine all sections related to timing and worthwhile completion. There are chances they will see a clause like this, and this is a part of dispute avoidance. The no damages for delay clause becomes active.

Such a clause often states that even though the client party may have been facing delays. They also may have faced impact because of the harsh winter weather; they aren’t entitled to recover monetary damages for such delays. However, there is an exception and that is for specific circumstances. Fundamentally, such a clause shifts the client party the risk that weather will put delay in their work.

Another clause that can affect claims due to winter weather is ‘Force Majeure’ claims. In essence, such a clause usually states that, in unforeseen situations making performance not workable on a practical and commercial scale, (like storm of the century situation), then the parties can either avert contract duties, or renegotiate them.

Current Winter Season and Construction Claims

Any of these clauses, plus other causes, can put construction companies on a difficult path. They can even cut them off from recovering from winter weather related expenses. An expert witness Dubai UAE recommends the following tip:

For equipment or work damaged by winter, it can be enough to simply claim replacement costs as damages. It is best for construction companies to check their entitlements whenever they face a delay or an adverse impact .

There are two questions to answer in this matter

1. Did the baseline schedule allow companies to carry out work in the warm season (as per amendments) but are forced working in winters because of delays?
2. Was the work created in pattern when the building closed in, forcing them to put the project in a conditioned space but now are forced to work in the winters?

This is the very reason construction companies should check their contracts. They have the answers to the company's entitlement requirements. The money can be recovered due to impact or delay in work.