05/22/2012

Construction Alert: Extension of Time for Severe Weather Delays

Most construction contracts provide for an extension of time (but no money) if a contractor encounters unusually severe weather – provided that the contractor proves the weather was unusually severe.

A recent Board of Contract Appeals decision recently reminded us that a contractor can be entitled to more time and money if, as a result of the owner’s wrongful action, the contractor’s work was pushed into a later time when weather conditions made it take longer to perform, and made it more expensive. In these cases, it didn’t matter if the bad weather was “unusual” or not, because the contractor never should have had to deal with it in the first place. Appeal of DTC Engineers and Constructions LLC, 2012 ASBCA No. 57614 (3/9/12). Because in this situation, the contractor is claiming a change or suspension, and not invoking the “extension of time” clause for bad weather, the rules are different.

This is a distinction that is often misunderstood; so store it away in case some day you need it.

For more information on this alert please contact Susan McGreevy or any of the attorneys in Stinson's Construction Industry Group.

The information appearing herein does not constitute legal advice or opinions. Such advice and opinions are provided only upon engagement with respect to specific factual situations. Nothing contained herein shall be considered as an admission in any matter or controversy.