Claim for Unusually Severe Rainfall

[cpowerscpowers]

Here is the set up:

1. Project is 6 months duration USACE contract to excavate a borrow pit and build an earthen levee.

2. There are 4 pay items
(a.) embankment placement (borow pit is inclusive)
(b.) outlet ditch 1 in borrow pit
(c.) outlet ditch 2 in borrow pit
(d.) seeding and fertilizing

3. Adverse weather calander in contract reflects the following adverse weather days:
(a.) march 5 april 5 may 4 june 4 july 5 aug 5

4. Contract does not state any precipitation levels but does refer the contractor to NOAA or NWS for historical levels for the construction period.

5. Each month has experieced triple the weather days and double the monthly inches of rainfall (20year avg).


With that out of the way here is the problem in a nutshell:

Project is in the 7th month- no LDs due to the additional days added for the unusally severe rainfall and subsequent wet conditions. No disagreement on the number of "no work" days. However, due to the abnormal rainfall and the quantity of "no work" days we have lost money due to increased equipment cost, increased soil processing due to significantly higher moisture content from the rain, and increased field overhead cost from the increased number of days on the job.

Question: In past projects I was always happy to get the days because impact was not on this level, however, im interested in pursuing an REA under "Differing Site Conditions" or "Changed Site Conditions".

Is this possibler?

Thanks,

 

[Ron]

Yes. If you can show through NWS data that the number of allowance days set out in the contract were insufficient, you have a good shot at a claim. I would suggest that you engage a construction attorney who has claims experience to help you through the process. You will also need an expert in construction delays/delay claims to support your contention.

Try direct negotiation with the contract manager first, then go the legal route if that doesn't work. Do your homework and make sure your case is locked tight.