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Project calendars that are too conservative for workable days.

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John Reeves
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Some states list a "Calendar" with typical working days for simple ROAD projects.  But simple road projects are more suseptible to rain than a rail project, but in this case they are using this "state calendar".  Its not like we will give credits or debits in how muchit is off.  I have done those types of projects and it is much better to use a 5 or 6 day calendar.  By blocking our random days, they are going to have to change their calendar to update accurately.  I see this as opening the door for the Owner to claim concurrent delays if there are delays in those periods because they will likely have to open more days.  The quantification then gets tricky, and when the water is muddied - that opens the door to concurrent delays.  What is your opinion on effects of overly conservative calendars?  I have heard it is a way of hoarding for constricting float.

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Zoltan Palffy
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There are ususally 3 items that make up an force majeure 1. it was an unforeseeable event 2. it was out side of the parties control 3. performance was impossible or impractical. Severly Adverse Weather can fall into this category

Any delays due to adverse weather above the normal anticipated are considered as non-compensable meaning you will be granted a time extension but no monies.

Rafael Davila
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Usually only work stoppage due to rain over the calculated average monthly rain days impacting critical activities can be claimed for extension of time, a time extension without compensation.

Even if a hurricane, a tornado, or a blizzard usually time extension without compensation to any party is applied. No extended overhead to contractor, no liquidated damages to client, it is considered a fair share of risk.

John Reeves
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So if the spec sais you have to use NOAA data in your schedule.  No matter what happens weather wise then, - to get a delay would you have to do a claim stating: “act of God” weather event beyond the NOAA 10 year average. would this “Acts of God”—also be known as force majeure events—because they are natural disasters (or other destructive events) which are utterly outside of human control.  Or is severe weather not a natural disaster?  Or is there a sweet spot between the NOAA average and a natural disaster that they should get excusable days for and are those compansatable?

Rafael Davila
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We do not know if a specific day on next week will be a rain day or not, the same goes with other risks, therefore for the short run we manage our schedule using and aggressive/optimistic schedule with no rain days.

Assuming a specific day on next week will be a rain day as scheduled long ago is not a good idea, delaying in advance work on this day does not make sense.

For contract administration we use a similar schedule considering risks.
 

Zoltan Palffy
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Typically the specifications states that you must include anticpaited monthly adverse weather days for the geographical location of the project. This is based on the NOAA 100 years historical data for that geographical location. Sometimes the anticipated adverse weather days per monhth is included in the specifications. So for WEATHER sensitive activities you must assign the activites to this weather sensitive calendar. For example when beuiling a building you would assign the work leading up to enclosing the buling on the weather sensitive calendar. The interior work would not be assigned to this same calendar. 

I am not sure why you are saying that roadwork projects are more suseptaible to rail than road projects. Both are typcally outside (with the exception of the portion that maybe undergrounf) there is still earth work and ductbank work required for a rail project same as a roadway. There is still ballast work or stone work that that needs to be placed same as a roadway. Sure a roadway usually have 2 layers of asphalt or concrete work that is suseptiable to weather but rail work has either 3rd rail or overhead catenary work that cannot be performed in bad weather either.

So to me both of these projects fall into the same category of work and each require a weather sensitive calendar which the activities must be assigned to. 

Adverse weather is non compensable and should be reconcided at the end of each month with the monthy update. So if the anticipated adverse weather days for January was 5 day and it actually rained or snow for 10 days and the work was on the critical path then you would be entitled to non-compensable time extension of 5 days because 5 were antiticpted and it actually rained 10. 

On the flip side if 5 days were planned and you only experienced 1 day of adverse weather then in theory the PROJECT gained 4 days of float and you are not entitled to a time extension. However this 4 days could be off set by work not progressing as planned and the float value may be something other than 4 days. 

Zoltan Palffy
User offline. Last seen 2 days 22 hours ago. Offline
Joined: 13 Jul 2009
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Typically the specifications states that you must include anticpaited monthly adverse weather days for the geographical location of the project. This is based on the NOAA 100 years historical data for that geographical location. Sometimes the anticipated adverse weather days per monhth is included in the specifications. So for WEATHER sensitive activities you must assign the activites to this weather sensitive calendar. For example when beuiling a building you would assign the work leading up to enclosing the buling on the weather sensitive calendar. The interior work would not be assigned to this same calendar. 

I am not sure why you are saying that roadwork projects are more suseptaible to rail than road projects. Both are typcally outside (with the exception of the portion that maybe undergrounf) there is still earth work and ductbank work required for a rail project same as a roadway. There is still ballast work or stone work that that needs to be placed same as a roadway. Sure a roadway usually have 2 layers of asphalt or concrete work that is suseptiable to weather but rail work has either 3rd rail or overhead catenary work that cannot be performed in bad weather either.

So to me both of these projects fall into the same category of work and each require a weather sensitive calendar which the activities must be assigned to. 

Adverse weather is non compensable and should be reconcided at the end of each month with the monthy update. So if the anticipated adverse weather days for January was 5 day and it actually rained or snow for 10 days and the work was on the critical path then you would be entitled to non-compensable time extension of 5 days because 5 were antiticpted and it actually rained 10. 

On the flip side if 5 days were planned and you only experienced 1 day of adverse weather then in theory the PROJECT gained 4 days of float and you are not entitled to a time extension. However this 4 days could be off set by work not progressing as planned and the float value may be something other than 4 days.