I am trying to understand the query, however, if the contractor fails to comply with the project specifications/requirements any delay caused in this regard will be the contractor's responsibility. Also, if there was a constructability issue that could be beyond the contractor's control then the contractor will be entitled to an extension of time. But if a concurrent delay is established, the delay may be considered as excusable non-compensable to which the contractor is granted additional time without cost implications to the client.
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16 years 3 months
Member for16 years3 months
Submitted by Zoltan Palffy on Tue, 2021-02-23 14:16
If the owner casued the delay into the winter months then yes he would be responsible for the extended ovehead for the time frame that was extened. However during the winter months you can possibly reduce the staff and have a lower cost for on site staff. The trailers and such will be part of the extneded overhead and general conditions.
Yes there is a hot temperate weather high ambient temperature condition as well. For eaxmple pouring of concrete in the summer in let's say Arizona is usually done during the night because it the temperature is too hot in the day. If it is too hot it will no permit the concrete to hydrate slowly becuase all of the water is being sucked out of it and will cure too fast resulting in a loss of strength.
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21 years 7 months
Member for21 years8 months
Submitted by Rafael Davila on Mon, 2021-02-22 22:27
The extension of time claimed by the contractor was 17-1/2 weeks which included 3 weeks consequential delay due to the concreting works being delayed into the winter. The court awarded the contractor the additional time for the consequential delay caused by winter working as well as financial damages to reimburse the extra cost incurred by the contractor due to concreting in the winter.
A contractor who accepts the risk of weather conditions does so only for those conditions implied by the contract period. Delays caused by inclement weather within an extended period, or where a dry season job is delayed into a wet season job, are generally not risks which the contractor has agreed to undertake. They should be treated as part of the effects of a primary excusable / compensable event for which there are entitlements to extended time and/or compensation. All perhaps commonsense to some, but it is surprising how many contract administrators do not understand these concepts.
On the other hand in the tropics "winter" weather is good for concreting.
I don't know how to edit the original post: Schedule would have showed coating and project coating and completion in the fall in the example, but pushed to spring due to spec or constructability issue. Conversely - the exponential winter days would be on the contractor if it was their delay - correct? And of concurrent - then the contractor gets the extension but has to pay for the overhead themsselves I assume.
Member for
13 yearsHi John,I am trying to
Hi John,
I am trying to understand the query, however, if the contractor fails to comply with the project specifications/requirements any delay caused in this regard will be the contractor's responsibility. Also, if there was a constructability issue that could be beyond the contractor's control then the contractor will be entitled to an extension of time. But if a concurrent delay is established, the delay may be considered as excusable non-compensable to which the contractor is granted additional time without cost implications to the client.
Member for
16 years 3 monthsIf the owner casued the delay
If the owner casued the delay into the winter months then yes he would be responsible for the extended ovehead for the time frame that was extened. However during the winter months you can possibly reduce the staff and have a lower cost for on site staff. The trailers and such will be part of the extneded overhead and general conditions.
Yes there is a hot temperate weather high ambient temperature condition as well. For eaxmple pouring of concrete in the summer in let's say Arizona is usually done during the night because it the temperature is too hot in the day. If it is too hot it will no permit the concrete to hydrate slowly becuase all of the water is being sucked out of it and will cure too fast resulting in a loss of strength.
Member for
21 years 7 monthsDelay Caused by Inclement
Delay Caused by Inclement Weather | Damages | Common Law
……
The extension of time claimed by the contractor was 17-1/2 weeks which included 3 weeks consequential delay due to the concreting works being delayed into the winter. The court awarded the contractor the additional time for the consequential delay caused by winter working as well as financial damages to reimburse the extra cost incurred by the contractor due to concreting in the winter.
A contractor who accepts the risk of weather conditions does so only for those conditions implied by the contract period. Delays caused by inclement weather within an extended period, or where a dry season job is delayed into a wet season job, are generally not risks which the contractor has agreed to undertake. They should be treated as part of the effects of a primary excusable / compensable event for which there are entitlements to extended time and/or compensation. All perhaps commonsense to some, but it is surprising how many contract administrators do not understand these concepts.
On the other hand in the tropics "winter" weather is good for concreting.
Member for
12 years 5 monthsI don't know how to edit the
I don't know how to edit the original post: Schedule would have showed coating and project coating and completion in the fall in the example, but pushed to spring due to spec or constructability issue. Conversely - the exponential winter days would be on the contractor if it was their delay - correct? And of concurrent - then the contractor gets the extension but has to pay for the overhead themsselves I assume.