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(CDR-3613) Weather Impacts and Loss of Productivity Claims

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Level: Intermediate
TCM Section(s):
6.4. Forensic Performance Assessment
10.1. Project Performance Assessment
Venue: 2021 AACE International Conference & Expo

Abstract: Labor productivity is susceptible to many affecting factors which can cause loss of productivity, and weather is one of them.Depending on the root causes, weather impacts can be categorized as contractor risk impacts, which should have been reasonably anticipated by the contractor; excusable, but non compensable impacts; or excusable and compensable impacts.Loss of productivity is one of the most contentious subjects in construction disputes; and proving a loss of productivity claim for weather impacts can be very challenging.Because of its importance, the subject of weather impacts to labor productivity has received considerable attentions in research in the last half century.This paper reviews the research on weather impacts to labor productivity and then discusses loss of productivity claims related to weather impacts from the aspects of entitlement, causation and damage quantification.This paper provides tips for contractors to prove loss of productivity claims for weather impacts, and also provides suggestions on the prevention, mitigation and management of those claims, especially for inexperienced owners.