Extraordinary Weather Events That Are Unforeseeable Are Treated a Little Differently
Video Transcribed: Tulsa Construction Attorney Brian Carter with tulsaconstructionlawyer.com. And in this video, I’m going to talk about how weather can affect different types of claims for delays. Generally speaking, weather is a risk that contractors assume. However, extraordinary weather events or severe weather events that are unforeseeable are treated a little differently.
And typically a unforeseeable weather event is weather that’s uncharacteristic for the time of year, since weather is for the most part considered a foreseeable event as there are lots of resources out there to establish weather patterns.
For instance, the National Oceanic and Atmospheric Agency has very detailed information on weather conditions throughout the country, and the world for that matter.
However, when there is a severe weather event, there may be opportunity for additional time or compensation, depending on the results of the event and how it’s affected performance on a project. Otherwise, typically, bad weather doesn’t justify additional time as it is foreseeable.
And also there is an instance where you could have a delay that extends beyond the actual duration of the event, such as when a heavy rain renders a site unworkable because of the water saturation.
So, it’s always important to be mindful when entering into a contract that you consider the weather at that time of year and build in some contingencies into your bid. Thanks for watching. Brian Carter, tulsaconstructionlawyer.com.