American Society of Civil Engineers


Analysis of Adverse Weather for Excusable Delays


by Long D. Nguyen, (corresponding author), (Lecturer, Faculty of Civil Engineering, Ho Chi Minh City Univ. of Technology, Ho Chi Minh City, Vietnam; formerly, Construction Consultant, Jax Kneppers Associates, Inc. (JKA), 2125 Ygnacio Valley Rd., Suite 200, Walnut Creek, CA 94598 E-mail: ndlong@hcmut.edu.vn), Jax Kneppers, (President, Jax Kneppers Associates, Inc. (JKA), 2125 Ygnacio Valley Rd., Suite 200, Walnut Creek, CA 94598. E-mail: a-jax@jaxkneppers.com), Borja García de Soto, P.E., A.M.ASCE, (Construction Consultant, Jax Kneppers Associates, Inc. (JKA), 2125 Ygnacio Valley Rd., Suite 200, Walnut Creek, CA 94598. E-mail: borja@jaxkneppers.com), and William Ibbs, M.ASCE, (Professor of Construction Management, Dept. of Civil and Environmental Engineering, Univ. of California, Berkeley, CA 94720; and President, The Ibbs Consulting Group, Inc. E-mail: DRCWIbbs@aol.com)

Journal of Construction Engineering and Management, Vol. 136, No. 12, December 2010, pp. 1258-1267, (doi:  http://dx.doi.org/10.1061/(ASCE)CO.1943-7862.0000242)

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Document type: Journal Paper
Section Heading: Contracting
Abstract: Severe weather conditions can be disruptive to construction. Contractors typically obtain time extensions for weather days beyond normal conditions. However, contracting parties often dispute the extent of weather-related time extensions. Typical industry contracts may overlook many important points that can provide an acceptable resolution. This paper classifies seven factors causing discrepancies in analysis of adverse weather for time extensions; namely, the definition of normal weather, weather thresholds, type of work, lingering days, criteria for lost days, lost days equivalent due to lost productivity, and work days lost versus calendar days lost. An analysis of an actual weather-caused delay claim illustrates the impacts of those factors on the outcomes of the analysis. A contract should define anticipated weather delay days and their lingering days and provide threshold values for weather parameters to differentiate between predictable and unpredictable severe weather. The contract should clearly define how a time extension is granted in calendar days as a result of work days lost, and also address how a time extension is granted due to inefficiency caused by unusually severe weather. Future research may provide an appropriate mechanism for analyzing equivalent lost days to account for lost productivity.


ASCE Subject Headings:
Weather conditions
Claims
Delay time
Contracts
Construction management

Author Keywords:
Claims
Weather
Delay time
Contracts
Construction management