WHEN A CONTRACTOR IS BEHIND PROGRAMME, IS HE ENTITLED TO AN EXTENSION OF TIME WHERE HE IS DELAYED BY INCLEMENT WEATHER BUT WOULD NOT HAVE BEEN AFFECTED BY THE WEATHER IF HE HAD BEEN ON PROGRAMME?

Many forms of building contract include provisions which entitle the contractor to an extension of time for completion of the works where he is delayed by inclement weather.

In the case of Walter Lawrence and Son Ltd v. Commercial Union Properties (UK) Ltd (1984), the progress and completion of the work was delayed due to adverse weather conditions. The progress of the work was behind programme and it was argued by the architect that, had work been carried out in accordance with the programme, the weather would not have affected the progress or completion of the works.

The court did not accept the architect's interpretation of the contract. It was clear from the wording of the contract that if the delaying event, which in this case was adverse weather, affects the progress and as a consequence the completion date, then a right to an extension of time arises. There is no reference in the extension of time clause in the contract to the programme and therefore the contractor's entitlement should not be affected if he is behind programme.

The governing factor to the contractor's entitlement is whether the adverse weather conditions actually delayed his progress and in turn affected the completion date.

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