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Inclement Weather – Know Your Contract

Inclement Weather – Know Your Contract

It’s a cold and rainy day here in Brisbane today, the kind that holds up works on a construction site and causes headaches for Builder’s and homeowners alike. Rain delays cause knock on effects that can have a significant impact on the progress of a job, however there is a limit to what is allowed.

Inclement Weather – Know Your Contract

Under the building period there is an allowance for inclement weather, this will be allowed for by your builder as a standard guide depending on the season. This allows for what is considered to be normal during any given season, so for example you would expect a more generous allowance in Summer than Winter. This inclement weather allowance makes up part of your anticipated build time.

Generally trades will allow a day or two as a buffer when a builder has booked them for a job, as with all jobs unforeseen delays can happen, however should it rain for more than a day or two in a row, this can create a situation where external trades may have difficulties with the scheduling of jobs.

Let’s say for example, it rained for 3 days when the plasterer was due. The plasterer generally only takes about 3 days to complete their portion of the job, you would expect your plasterer to have another job booked in to continue on with to prevent them from having down time. Here you can see a builders headache when inclement weather is present.

There have been many times when we were building that we experienced situations like the above, in which our trades were unable to fulfill the altered commitment and the juggling begins. There are times when it presents a significant delay, and in those times an extension can be applied for by the builder.

Extensions must be applied for and signed off on by the builder and the client.

The builder must issue the client with an extension of time claim form. Under the terms and conditions of the contact, this must be issued within 10 days of the delay being known. the client the must then respond to the builder within the time frames as set out in the extension of time document and the terms and conditions of the contract.

This clause in the contract is only one of the clauses that you need to be aware of as a client. If you are ever unsure of what is relevant for you and your contract, refer to the terms and conditions of the contract and if necessary obtain legal advice.

Have you experienced rain delays? Have you even been impacted by a dust storm?

Nicole xxx




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