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This month’s contract clinic question comes from a contractor wondering if they can bill more when high winds stop crane operations?’. Luke Chamberlain responds.

The question

We’re working on a tall building project for which we’re using craneage extensively. The wind on site has been much higher than usual so we’ve had to regularly stop work. How should we price the extra cost and who is liable for the downtime?

The answer

Adverse weather is a frequent issue within the construction industry. So much so that recent studies have found that adverse weather delays up to 45% of construction projects worldwide. It is also worth noting that changes in the climate are expected to increase in frequency and intensity. Temperature, wind and precipitation are anticipated to be most common.

A known impact of wind is on crane use. When identifying the point at which it is no longer safe to operate, the crane’s user guide will specify the maximum wind speed, at which it is to be taken out of service. That said, even if the wind does not reach the speed necessary to put the crane out of service, various effects on the load can reduce productivity.

It can be argued that the key matter to address for cost allocation and liability is the ‘higher than usual’ winds. Most contracts include specific clauses addressing delays caused by the weather.

The contract should specify:
  • What constitutes a weather event.
  • What the weather thresholds are.
  • The category of the delay (are delays excusable, neutral or culpable?).

Exceptional weather

It is common practice for the contractor to be responsible for normal or average adverse weather. Extensions of time are typically only granted for exceptionally adverse weather events.

Therefore, for a weather claim to be successful, it must be proved that, in accordance with the terms of the contract, the weather experienced was exceptionally more adverse than could have been contemplated.

Read the full article here

Should you need help with a similar problem, please don’t hesitate to get in contact with us today.