Who Is Responsible for the Weather? Who should pay for delays caused by adverse weather conditions?
By Arthur F. O’Leary, FAIA, MRIAI Adverse Weather Delays Delays caused by adverse weather are a major source of dispute in claims for construction time extension. Inclement weather conditions, including rain, snow, wind, and excessively high or low temperatures, are clearly beyond anyone’s control, although they could be reasonably expected to occur. Construction Contracts This article is based on construction contracts that include the AIA General Conditions of the Contract, AIA Document A201-2007. Some construction contracts allow time extension for any and all weather delays whereas others allow only for abnormal weather or adverse weather conditions not reasonably anticipatable. The AIA General Conditions, A201-2007 provides, in Clause 15.1.5.2, that “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 anticipate
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- Who Is Responsible for the Weather? Who should pay for delays caused by adverse weather conditions?
