This article was first published by Spire Consulting Group, LLC, and is republished here with permission of Spire Consulting Group, LLC. © 2018 – 2019 Spire Consulting Group, LLC. All Rights Reserved.
In the Eye of the Storm
Amid the impact of the weather event, there are a number of actions that will assist in tracking and mitigating negative consequences in cost and time. In addition to the standard SWPPP monitoring and measures, the team should document on-site rainfall, photograph or video site conditions and the functioning of storm water management BMPs, take protection measures for work in place, materials and equipment stored on site, and keep detailed daily reports on planned versus actual production during these periods. This impact should include observation and documentation of any dry-out period required for work to commence. Critical path work should be identified and evaluated for ways in which protections can allow continuance.
In the Wake of the Storm
At the conclusion of the weather event, the team should determine if any actual damage resulted from the unforeseen condition by quantifying schedule, cost and productivity impacts.
In order to substantiate a case for a contract modification, the party must be able to prove that the conditions that occurred were not reasonably foreseeable for the project site during the specific time period, and that the progress of the project was impacted as a result of the event, particularly with regard to critical path activities.
As is apparent, the practices outlined above are geared to generate the data and documentation to evaluate the impact against this test, and in turn demonstrate any actual impact for purposes of contractual modifications.
More in the next blog post about the “Impact of Weather Events on Construction Projects and How to Prepare”…
Spire Consulting Group, LLC (Spire) is a multi-disciplined construction consulting and project management firm that provides innovative construction advisory and dispute resolution services needed to deliver complex projects on time and within budget. Spire’s project and construction management experts develop customized and comprehensive programs to successfully manage costs, schedules, and associated risks, creating a results-oriented environment.
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