Question on bad weather and construction delay

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Violetta Madi

August 28, 2022 22:09

Hi, in CE practice questions online there was the following unclear question, can someone help explain please?

Bad weather caused damage on site which resulted in construction work delay. Who’s responsible for cost associated with the damage and the delay:

1. the client; because these are unforeseen conditions. The contractor to issue a claim to client.

2. the contractor; because he should have accounted for such delays in their fee.

3. Architect (obviously not this).

 

thank you

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  Rebekka O'Melia August 29, 2022 15:40

  I think it really depends.  The owner has insurance that covers damage due to extreme weather.  If the contractor failed to protect the work, then it's 100% their liability.

  A CO would be issued changing the completion date if the damage set back the schedule.  Usually some time for bad weather is factored into the schedule, but if it goes beyond that, a change order would need to be issued.

  Hope this helps!

  Rebekka O'Melia, Registered Architect, NCARB, B. Arch, M. Ed, Step UP,  Step UP ARE 5.0 Courses

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  Violetta Madi August 31, 2022 20:17

  Thank you very much Rebekka! I understand better now

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  Rebekka O'Melia August 31, 2022 20:52

  Glad I could help! 

  The contractor has insurance too fyi to cover their work too.  Realistically if a storm damaged the work, they'd be liable and have to fix it.

  There'd definitely be change orders!  

  Rebekka O'Melia, Registered Architect, NCARB, B. Arch, M. Ed, Step UP,  Step UP ARE 5.0 Courses

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