更改合同措辞迁就天气延误

"Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond control of Contractor, the Contract times shall be extended in an amount equal to the time lost due to such delay, if a Claim is made therefore…. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God."

As I wrote before, for most of my projects I change this language. My projects will usually have a fixed calendar duration (120 calendar days, 180 calendar days, or whatever) as the construction time. On occasion, the number of days will be left blank, to be filled in by the bidder.

In these circumstances, I’ve determined how long I believe it will take to construct the project. I will probably take a few weather days into account as I’m making that determination, but I won’t do a detailed assessment of what the dominant climatic conditions are during the period of the project and whether the contractor is likely to lose a little time or a lot of time.

我们ing the Supplementary Conditions, I’ll change the delays for weather provisions to the following.

"Contractor will be allowed delays for weather conditions, based on the concurrence of Contractor and Owner or Engineer, for two circumstances: 1) isolated inclement weather, wherein the project site is determined to be unworkable for days of precipitation and days following for short times between otherwise good weather; and 2) sustained inclement weather, wherein the project site is determined to be unworkable for a sustained period of time, such as the winter months, with only an occasional working day within the sustained unworkable conditions.

如果承包商认为，任何一个条件适用，请求应向工程师或业主进行了现场会议，并联合确定的场地条件和延迟的批准。工程师将这些目录批准的延迟，将其纳入变更单的业主和承包商的签名。”

我试图做到两两件事：这个语言。首先，这起飞承包商并把它放在主人的恶劣天气的风险。这种变化的责任应该减少收到的出价，因此建设成本。

其次，我试图建立没有每一天是由于天气原因失去的时间需要改变命令的执行的行政程序。什么跟这种语言的情况是，工程师（或其他设计专业的管理项目）符合在工地的承建商时，承包商说天气推迟项目。如果他们都认为该网站是行不通的，有一天在行政添加到完成日期。如果他们不同意，业主说了算。行不通天累积，并最终的项目和解变化为了建立一个新的完工日期。我一直在一个电子表格，并发送一个电子表格，以承包商和业主的打印输出时有施工过程中的时间跟踪这些。

In practice, it works a lot easier than that. If I come to work in the morning and learn that it’s pouring rain at the job site or that there’s a foot of snow on the ground, I simply talk with the contractor on the phone. The only time a site meeting is needed is at the end of a wet period, when only a site visit will tell how wet the site is.

显然，当一个项目必须由一个固定的日期进行，与承包商采取了天气风险这个程序不起作用。

I’ve used this procedure in nearly 50 projects and have never had a problem with it or a dispute resulting from it. The owner is happy with lower bids. The contractor is happy, knowing that the risk for weather is not his risk. The design professional is happy to have an easy procedure in place. The governing board (or whoever approves change orders) is happy not to have to deal with a monthly change order for dealing with a few weather days.

关键是程序和天气天后地位频繁分布的及时管理，新竣工日期显示。