How To Best Prepare A Delay Claim For Unusually Severe Weather

Contractors should seek the guidance of experts to assist in calculating damages and to perform a schedule analysis for their claims

Even on the smallest claims involving the calculation of damages, contractors should—at a minimum—seek the guidance of an expert on the most desirable methodology and should permit the expert to review the results prior to inclusion of them in the claim submitted to the public entity.
Even on the smallest claims involving the calculation of damages, contractors should—at a minimum—seek the guidance of an expert on the most desirable methodology and should permit the expert to review the results prior to inclusion of them in the claim submitted to the public entity.

Originally published by Matthew DeVries on Best Practices Construction Law blog

Even on the smallest claims involving the calculation of damages, contractors should—at a minimum—seek the guidance of an expert on the most desirable methodology and should permit the expert to review the results prior to inclusion of them in the claim submitted to the public entity.

Some tips on proving weather delays include:

  • The contractor is usually entitled to additional contract time, but not additional compensation for weather delays. 
  • Delays must be attributable to “unusually severe” weather or weather “not reasonably anticipated.”  
  • Weather analysis should be geographically limited.  
  • The delays must actually impact the schedule. 

(read the entire article on how to prepare a delay claim for unusually severe weather...)

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