In the event of bad weather during the construction process, how can the contractor strive for the extension of the construction period?

1. In the event of bad weather during the construction process, how can the contractor strive for the extension of the construction period?

In practice, if the construction period is delayed due to bad weather, the court will reduce the liability for breach of contract for the delay as appropriate when the parties sign the contract, since the parties are generally unable to advance the contract. In the event of bad weather, the Contractor shall take reasonable measures to overcome abnormally bad weather to ensure the construction, and promptly notify the Contractor and the Supervisor, and the Contractor shall bear the increased costs and/or delays of the Contractor as a result of the adoption of reasonable measures.

At the same time, the following information should be saved: engineer instructions, correspondence, meeting records, construction site records (construction logs, construction quality inspection and acceptance records, construction equipment records, on-site personnel records, material entry and exit records, construction progress records, etc.), project financial records, on-site meteorological records, construction progress plans, construction modification documents, etc.

2. The subcontract stipulates that "the subcontract settlement will be handled after the completion of the general contract settlement", how does the subcontractor respond?

In the subcontracting contract, there is an agreement that "the settlement of the subcontract will be handled after the settlement of the general contract is completed", which is a conditional contract. As long as such clauses do not violate the prohibitions of laws and administrative regulations, they are binding on both parties to the contract. As a subcontractor, such conditions should be avoided as much as possible in the contract.

If it has been agreed, the right of subrogation should be exercised at an appropriate time to avoid risks. Once the general contractor neglects to make its rights or waives its claims against the contract issuer, the subcontractor shall safeguard its legitimate rights and interests in accordance with the right of subrogation and revocation provided for in articles 535 and 540 of the Civil Code as soon as possible.

3. If the construction drawings are changed during the construction process of the construction project, can the contractor request Party A to change the contract price?

In practice, if the construction drawings are not substantive to modify the contract drawings, such as detailed drawings, partial adjustments, etc., then if the contract price increases due to the design change, the contractor shall bear the increase in price, and the contractor shall promptly find out the change items in it and apply to the contractor for price adjustment according to the change price adjustment procedure.

If the construction drawings substantially modify the contract drawings, such as functional changes and modifications are not necessary to complete the project, it is beyond the right of the contractor to unilaterally make engineering changes. Because neither the contractor nor the engineer has the right to unilaterally modify the contract, the contractor has the right to request that the contract price be renegotiated with the contractor, settle the project price according to the new version of the construction drawings, and require the contractor to bear the price difference.