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Answered in 19 minutes by:
7/31/2013
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verifiedchristhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : In construction law cases, delay is a common feature, as is criticism for wrongly sought extra time. So the test is to identify the actual dates claimed, and check the weather records to see if they correspond. It is legitimate to claim when weather does prevent work, but it can depend on the work. Once the roof is on, then there is usually alternative work which can be done. So the claims need to be carefully analysed.
Customer:
Is there anything in the contract that allows the builder to claim extra time? We have nothing that explicitly states this. Section 11.5 (Time Extensions) states:
Customer:
The owner and the builder must agree an adjustment o the Finish Time for the period of delay caused by anything beyond the Builder's reasonable control, including delays due to variations to the building work.
christhelawyer : That clause will be what he relies on to claim the extension of time. Of course he must still justify the claim. He must be able to prove the weather did cause the disruption, and because of the stages in construction this may need the builder to prove by his records and diaries whether this was correct.
Customer:
Does the clause not state we need to agree to this? Our problem is there have been countless days when there has been no work on site. Unfortunately we did not keep track of these dates.
christhelawyer : You do need to agree, and if he asks, then you do not need to agree if his evidence is poor. The burden of proving is on him.
Customer:
Ok, thanks. In the meanwhile I am trying to get weather statistics for our area to reconcile with what he's given us. He
Customer:
He's claiming 30 lost days due to rain.
Customer:
Putting practical completion out to 25/11/2013
christhelawyer : That seems a lot, given he started in late summer and it has been very dry, meaning he should have been closed in by winter
Customer:
We agree, he had opportunities to work on Saturdays but he hasn't. Thank you for your help. We may still need more advice on this. If I rate this question now, will I still be able to ask you more questions?
christhelawyer : Yes
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
VerifiedChris The Lawyer and 87 other New Zealand Law Specialists are ready to help you
Keep careful records of all of this (which is suspect you are doing). It may even pay to get a council inspector, who will be neutral, to look at the framing and comment whether this is a valid delay. Of course the builder could have either used kiln dried timber, or protected the framing from the weather.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
VerifiedChris The Lawyer and 87 other New Zealand Law Specialists are ready to help you
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