In actuality, using past project history to establish the “norm,” may be more accurate than using the data provided by NOAA. Another reference may come from historical project data that has been accumulated by the contractor or owner that can be used to support its calculation. Whether I am an owner wishing to eliminate such questions or a contractor wanting to determine the number of “reasonably anticipated” weather days I need to plan for, there are references, such as data available from the National Oceanic and Atmospheric Administration (NOAA), that provide historical data that can be used to establish “reasonably anticipated” weather for nearly any specific region of the United States. ![]() These clauses leave us with the question of what is considered to be “abnormal” or could have been “reasonably anticipated.” How Do We Determine What Is “Normal?” Examples of the causes beyond the control of the Contractor include… adverse weather conditions not reasonably anticipated encountering Hazardous Materials… The 2007 edition of the AIA-A201 standard agreement states: 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.Īnd, the recently issued ConsensusDOCS states: 6.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by any cause beyond the control of the Contractor, the Contractor shall be entitled to an equitable extension of the Contract Time. Two examples of standard contract language are shown below to illustrate the questions that sometimes exist in a contract. In this Ideas & Insights, I will hopefully demonstrate that by providing the proper information and guidance in the contract documents, many common issues concerning weather can be eliminated. In the following post, John Crane continues our series on Weather and Construction.
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