MCP Solicitors News
Adverse weather conditions
The recent spell of bad weather has hampered construction projects across the country. You may want to review the terms of your contracts to see whether you can claim time and/or money under them as a result of the adverse weather conditions. In addition, you should also consider the following points:
- Make sure that you comply with the notice requirements in each of your contracts. Ensure that any notices you must give are given accurately, completely and on time. For example, do you need to follow up with more detail after you have given an initial notice?
- An extension of time will only be given if the bad weather is likely to delay completion. You will need to demonstrate not only that the adverse weather happened but that it also caused a delay. For example, do you have any on-site photographs that illustrate the extent of the disruption caused by the weather?
- If you have a good working relationship with the other party to the contract, you should use it now to agree how to deal with any delay caused by the weather conditions. Record any agreement that you reach in writing. Be prepared to compromise: if you are both operating under tight financial margins, the management time and legal costs of a dispute are likely to be damaging to both parties.
To discuss any of the issues raised in this article please contact Ben Dures.
