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Wet weather, rainy days and your contract

Construction Law News | June 2012

It goes without saying that weather conditions preventing building work onsite can have an adverse effect on the completion of projects. However, it is not automatic that an extension of time under the Contract will be granted in these circumstances. It is important that builders follow the required procedures to ensure they do not fall short of meeting the requirements necessary for them to be granted an extension of time.

Generally, builders need to provide written notice to their clients within 10 working days of becoming aware of the delay and should include the precise number of days that are being claimed. There are no prescribed limits as to how many additional days can be claimed, but all claims should be reasonable and just. Any claim should include not only the delay caused by the weather itself but also any additional delay caused by the need to allow the site to dry out so that works may re-commence. Other considerations may be the need to reorganise trades to do required jobs. Communication will be a very important factor here and builders should explain to clients how long will be required until works can safely and effectively proceed. Ensure, always that you refer to your particular contract terms to avoid being caught out by a technical oversight of a term in your contract.

By following these steps builders should be able to avoid liability for penalties where they are not responsible for a delay in completion of contracted works. Should you need any advice or assistance please contact the friendly staff at Forum Law Solicitors and ask about our reasonable fees.

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