Managing Inclement Weather in Australian Construction Contracts

Inclement weather can significantly disrupt construction schedules. Understanding how to identify, document, and claim delays under Australian construction contracts is essential for avoiding disputes and protecting project timelines. Typical conditions which may be considered inclement include:

• Prolonged or heavy rainfall
• Storms or high winds
• Flooding of the site
• Extreme heat
• Bushfire smoke

Most standard construction contracts will likely include a provision/s which allow you to claim an extension of time to the project timeline where inclement weather delays the works. Keeping in mind that each construction contract differs, whether due to amendments made, mistakes in the drafting, or version of the contract used; and that each experience with inclement weather is unique; it is critical that you have your inclement weather claim reviewed. It is also important to know the time period required to bring a claim for an extension of time. Below are some very simple steps you may consider taking when contemplating making an extension for time claim for delays caused by inclement weather.

Claiming an extension of time for inclement weather

Step 1: Record the Inclement Weather Event

• Keep daily site diaries with work status, weather impacts, and photographs.
• Download the relevant Bureau of Meteorology (BOM) or other reliable weather reports for the location and date of the inclement weather event.

Step 2: Assess Impact

• Note which work activities were stopped or delayed.
• Explain why alternative tasks could not proceed (eg, saturated ground preventing concreting).

Step 3: Submit Notice of Delay

• If required by your contract, you may need to issue a formal notice of delay within the contract’s provided timeframe.
• Your construction contract will likely prescribe what information is to be included in your notice of delay, however you can expect at least the following particulars to be required:
  • Date and description of the weather event
  • Reference to contract clause which you are making a claim under
  • Nature and duration of the delay

Step 4: Submit Formal EOT Claim

• An extension of time claim may be required by your construction contract, if not after the notice of delay, then once the period of delay is determined.
• Again, your construction contract will likely prescribe what information is to be included in your extension of time claim, however you may choose to include the following to strengthen any claim you make:
  • Site diary entries o BOM weather data
  • Explanation of the critical path impact
  • Revised project schedule (if needed)

Step 5: Respond to Principal/Owner Feedback

• Any further correspondence exchanged on the matter should be filed and easily accessible as it may be required if the claim is not accepted and later escalated.

Practical Tips to Prevent Disputes   

You may wish to adopt any of the following tips to ensure that you do not complicate the process of claiming an extension of time for any inclement weather events:

• Maintain accurate and retailed records, including gathering particulars of the affected day such as pictures, BOM reports and construction programs identifying the works which could not be completed that day.
• Communicate early with the Principal or Superintendent to flag potential delays so that they are not surprised by any upcoming claims to be made.
• Have your construction contract reviewed to ensure:
  • that you are able to claim an extension of time for inclement weather events, and that the timeframe to bring a claim is reasonable; and
  • that you are following the contract mechanisms properly. A failure to comply with timeframes or include required particulars may result in a void claim.