As the holiday season approaches, many are eagerly anticipating festive gatherings and snow-filled landscapes. However, for those in the construction industry, the season brings a different kind of anticipation – the rush to complete projects before the Christmas shutdown.
While contractors are busy finalizing construction projects, the prospect of snow is not a welcome sight. Winter weather can significantly impact construction works, leading to delays and site closures. Missing deadlines can be a stressful situation, causing anxiety for both contractors and employers.
The JCT Contract and Weather Delays
To minimize the potential for holiday stress, construction contracts often include provisions for exceptionally adverse weather conditions, allowing contractors to request extensions in their deadlines. When a contractor anticipates potential weather delays, they are typically required to provide notice outlining the expected delay and its estimated duration.
However, it’s crucial for contractors to carefully examine the JCT contract before agreeing to its terms. Employers may choose to amend the contract, removing weather-related factors as eligible reasons for extensions. This means that contractors may find themselves without the necessary recourse if adverse weather conditions hinder their projects.
The JCT’s Lack of Clarity on “Exceptional” Weather
The JCT contract lacks clarity in defining what constitutes “exceptionally adverse weather conditions.” This vagueness can lead to disagreements between contractors and employers regarding the validity of delay notices due to winter weather.
To alleviate this ambiguity, the JCT has partnered with the UK’s Met Office to develop location-based weather services. These services provide contractors with valuable information to establish exceptionally adverse weather conditions.
Planning Ahead for Potential Delays
There are two types of weather reports available:
- Planning Average Report: This report provides long-term average weather data for a specific location. It helps contractors determine the initial completion date for their projects.
- Downtime Report: This report compares current weather conditions to long-term averages, helping contractors assess potential disruptions to their projects.
While these reports provide valuable insights, it’s crucial for contractors and employers to thoroughly understand the terms of the JCT contract. This understanding will help both parties avoid potential disagreements and ensure a smooth project completion, even during the festive season.
Protecting Your Interests During the Holiday Season
Don’t let the holiday spirit distract you from the crucial details of your construction contracts. Before the Christmas break, take the time to review the JCT contract and understand its implications for potential weather delays.
If you are a contractor or employer negotiating a JCT contract, we strongly recommend consulting with our construction team. Our team can provide valuable insights and guidance to ensure your rights are protected and your project stays on track, even in the face of unexpected weather challenges.
Let us help you navigate the complexities of the JCT contract and ensure a stress-free holiday season!
