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Inclement Weather Delays

4 replies [Last post]
Tue, 2007-07-03 19:24
Uri Shachar
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Guys,

my client is working on their project beyond the original timeframe in the Contract, due to Principal delays (assuming I can prove that).

Inclement Weather is defined as a neutral cause of delay in the contract. However, my argument is that my client experienced weather delays during a period outside the original timeframe, in which they worked because of the principal delays, and therefore my client is entitled for the Costs associated with these days as well.

am I correct?

any cases / literature I can rely on?

Thanks!
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Replies

Wed, 2007-07-04 17:15
#1
Uri Shachar
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thanks for that, David. Sounds like u know your claims. Is there anything in KP v3? someone must have been rich enough to afford it!
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Wed, 2007-07-04 14:58
#2
David Bordoli
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Uri

Even better... I see you are in Australia... look at this:

http://www.managingprocurement.commerce.nsw.gov.au/contract_management/c...

Regards

David
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Wed, 2007-07-04 14:55
#3
David Bordoli
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Uri & Trevor

Actually I think there is a good argument for Uri. I am at home at the moment so don’t have all my files to hand but I did a quick Google search and found this for instance: http://library.findlaw.com/2000/May/1/128359.html

I try to think of an analogy that assists my thinking. For instance, take the Christmas/New Year break, if a new holiday is spanned because of contractor culpable delay then the contractor has to carry the burden of the holiday period too. But if the new holiday is spanned because of a compensable delay then the client would be standing the cost and delays of the holiday.

Many Civils projects, roadworks in particular, have different calendars for differing activities - no excavation in chalk say between November and March, no concrete pavements between December and February. The reason for those calendars is because of the weather - if a compensable delay pushes weather sensitive work into those zones then the client carry’s the can.

I see no difference if bricklaying is disrupted by a compensable event from summer to winter and the work is thereby disrupted when it would not ordinarily have been.

There ought to be some case law on this but very few weather claims make it into the courts. Someone with a KP v3 handy should be able to give us the definitive answer.

David
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Tue, 2007-07-03 21:02
#4
Trevor Rabey
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Although you have an argument, it is a pretty thin one.
If weather delay is specifically excluded in the contract as a basis of re-imbursement of delay costs, that’s it.
Your argument is no better than the client’s argument when they knock back your claim.
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