Keeping it Real – How to Prove Weather Delays

Often small builders and commercial contractors like yourself encounter project delays due to inclement weather.  And often, you would think “Hey, they know it rained!”

However, once you submit an extension of time claim, your principal or head contractor denies it outright.  Why? You didn’t present proof of the weather delay.

Tips of the Trade

In my years of experience in building and construction, whether the project uses an Australian Standard or other form of contract, one thing is common – a small builder or commercial contractor like you has to send a notice of delay with details of the cause of delay and an extension of time claim.

So what are the best practice tips in preparing your notice of delay?

1.       Keep a site diary. – Who was working on site that day? What work was supposed to be completed? Which trades were affected by the weather delay?

2.       Take pictures and include them in your diary. – Yes, you can support your delay notice with data from the Bureau of Meteorology.  But what if the site you are working at does not have a weather station in that suburb or city?  Taking pictures of the site, including the effect of the rain on working conditions, is an inexpensive way to gather proof of the weather delay.

3.       Inspect the project site. – Take a walk around and gather information regarding the effect of the delay, including on the work health and safety of the persons who will perform work.  Invite a representative of the principal or the head contractor and record the results of your inspection.

4.       Do not add to the delay! – Submit your notice of delay as soon as possible to avoid the contract time bars.  All your supporting evidence will be useless if your notice of delay or extension of time claim is submitted too late!

Building Software for your Notice Needs

You have to remember that to claim for an extension of time is your right as a small builder or commercial contractor to ask for a reasonable extension to your construction program due to delays which are beyond your control.  To fail to claim for an extension of time exposes you to liquidated damages and other delay damages.

Does it all seem too complicated for a simple notice?  You need to take advantage of technology now available for small builders and commercial contractors.  The Small Builders Building Software is a perfect example of this technology.  The Small Builders Building Software allows you to:

• prepare a notice of delay wherever you are, as long as you have an internet connection
• attach photos and other documents to your notice of delay
• record minutes of meetings -  record results of your site inspection
• send your notice of delay to your principal or head contractor by email

Small Builders Building Software

Small Builders is incorporated in New South Wales, Australia. Its head office is at the Master Builders Association NSW Building at 52 Parramatta Road, Forest Lodge, NSW, 2037.

The Small Builders software was developed by the Company’s Founder and CEO, John Dela Cruz. John is a specialist building and construction lawyer and a member of the Master BuildersAssociation NSW.