Contractor Talk - Professional Construction and Remodeling Forum banner
1 - 3 of 3 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
Hey guys I am an estimator for a small GC in northeast LA and I have a question about rain days. If anyone could help me out that would be great.

I have researched the topic a bit but I can't find anything definitive. I need to know if a contractor has a legal right to time extension because of inclement weather.

Our company was awarded a contract around the end of last year for a shop building and during bidding we could not find anything in the specifications, general, or supplementary conditions concerning time extensions and rain delays. Our questions on the subject were unanswered during bidding so we posed the question at our pre-bid meeting and the engineer informed us that he did not allow any time extensions due to rain.

Being winter in Louisiana, we have been delayed several times over the course of the project by rain and it does not seem "fair" for him to disallow any time extensions especially considering that we can't find that verbage any where in his specifications for the project. I understand that we probably do not have any legal right to "fair" treatment but I would still like to know if we have any rights concerning rain delays.

Something to note. This engineer does not use AIA General Conditions, which do include verbage concerning rain delays. Instead it appears that he has had a lawyer write up a set of general and supplementary conditions that protect him to the fullest.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #3 ·
I apologize for not posting an introduction first. I will definitely go make a new thread letting everyone know a little bit about myself. Also, thank you for your reply. I assumed that is the answer I would receive and I understand that it may have been foolish to enter into a contract without having those terms defined beforehand.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #5 ·
4thgen: I do not believe the amount of rain we received exceeded the normal range for the time period but I have requested precipitation records from the NOAA/NCDC just to be sure.

I don't want to give you guys the wrong impression and make you think that we did not anticipate some delays due to the weather. Anyone from our area can tell you that the winter time is always unusually wet and we did try to account for that but I have never seen an engineer adamantly deny you any sort of leeway concerning wet conditions. I was just wondering if there were any laws to protect the contractor in this case but I assumed there were not.

I would like to clarify that we are the GC on the project and the rain came during the construction of the pad and slab. Also, thank you guys for the replies. Any information is helpful.
 
1 - 3 of 3 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top