Weather-Related Delay Provisions in Public Transportation Construction Contracts

Abstract

Weather is one of the most volatile and unpredictable factors that can adversely affect construction works. Transportation projects are generally more susceptible to weather conditions because they are constructed outdoors and involve earthmoving operations. Contract provisions regarding weather-related delays in standard specifications published by the public transportation agencies are thus important, however, often deficient and unclear. The objectives of this paper are to analyze how public transportation agencies in the United States contractually deal with weather delays and provide a framework for stipulating weather-related provisions. The analysis was conducted by reviewing 20 different standard specifications: 18 state-level public transportation agencies (e.g., State Department of Transportation), American Association of State Highway and Transportation Officials (AASHTO), and the Federal Highway Administration (FHWA). This analysis is conducted on the basis of four key provision categories: (1) inclement weather aspects, (2) counting impacts to contract time by considering weather conditions, (3) indirect consequences of inclement weather, and (4) time extensions for weather delays. Specific recommendations are presented for each of the four categories as well as general recommendations that apply to all four.