Winter construction is a reality in the Bow Valley, but colder weather can still create legal and contractual issues when it affects schedules, costs or the way work has to be performed.
Canmore-based lawyer Austin Ward sat down with Anthony Burden to answer a few questions about what owners, contractors and project managers should review before winter conditions set in.
What should construction teams look at before winter arrives?
Start with the contract. Construction contracts often address delays, extensions of time, changes in the work, site conditions, notice requirements and responsibility for additional costs. Before conditions worsen, both owners and contractors should understand who has assumed the risk for weather-related impacts and what steps must be followed if an issue arises.
Does winter weather automatically entitle a contractor to more time?
No. A contract may provide a schedule extension for abnormally adverse weather, but ordinary seasonal conditions are typically considered part of the contractor’s risk. That distinction can be important in the Bow Valley, where cold temperatures and snowfall are foreseeable. Whether winter weather qualifies for an extension will depend on the wording of the contract, the project schedule, and the circumstances surrounding the delay.
What about additional winter construction costs?
Winter work can require heating, hoarding, snow removal, temporary enclosures, additional equipment or changes to construction methods. If those costs were not included in the original scope, i.e. if work was not expected to continue into winter months, the parties should determine whether the work qualifies as a change under the contract. Contractors should also be careful to follow any requirements for written change orders, change directives or notice before performing additional work and incurring additional costs. Leaving those discussions until after the work is completed can make payment disputes more diffcult to resolve.
Why do notice requirements matter?
Many construction contracts require a party seeking additional time or compensation to provide notice within a specific period. Missing that deadline can affect the ability to advance a claim, even where the underlying delay or cost is legitimate. Project teams should know what notice is required, who must receive it, and what information must be included.
What records should be kept?
Detailed records are particularly important when weather affects a project. Daily site reports, photographs, weather records, updated schedules, labour and equipment records, correspondence and records of instructions or additional work can help establish what happened and how the project was affected.
