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ARTICLE · 16 MARCH 2025

Rain, rain, go away: Inclement weather in construction contracts

Holding Redlich
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Key things to keep in mind when negotiating inclement weather provisions in your contract.

AustraliaReal Estate and Construction
Krishneel Kumar
Krishneel Kumar
Helena Golovanoff
Helena Golovanoff
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January 2025 was reportedly the warmest January on record. High temperatures, severe storms, torrential rainfall and strong winds have frequented the eastern and western seaboards, causing delays in construction projects and placing further stress on already tight programs.

Some contracts expressly deal with "inclement weather", while others do not. In Australia, there is no standard definition for inclement weather in construction contracts. In this article, we set out key things to keep in mind when negotiating inclement weather provisions in your contract.

What is 'inclement weather'?

Inclement weather can be interpreted in various ways, reminding us of a famous Norwegian expression that "there is no bad weather, only bad clothes".

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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