Case Study: Owner Refuses Weather Time Extension on West Virginia Dam Project (2021)

Project Overview
• Name: Bluestone Dam Reinforcement Phase III
• Location: Hinton, West Virginia
• Year: 2021
• Project Size: $190 million
• Scope: Seismic and structural retrofitting of aging dam structure
• Lead Agencies/Contractors: U.S. Army Corps of Engineers (Owner) /

Category of the Issue, Problem, or Challenge
• Contract Owner
• Schedule and Risk Allocation

Summary of the Issue, Problem, or Challenge
Despite heavy and abnormal rainfall impacting access to foundation areas, the owner declined to grant weather-related time extensions, asserting that weather risk was contractor-held per the contract terms.

Root Cause Analysis

• Strict contract terms assigning weather delays to contractor risk.
• Owner unwilling to adjust milestones despite documented force majeure.
• Lack of mutual risk-sharing provisions in original contract.

Impacts Due to the Issue, Problem, or Challenge

• Contractor forced to accelerate work during unsafe or inefficient conditions.
• Quality issues emerged due to rushed execution.
• Dispute escalated to claim arbitration over 85 weather-impacted days.

Corrective Actions Taken

1. Army Corps reviewed and modified weather risk language in future contracts.
2. Implemented weather escalation clauses tied to historical averages.
3. Improved site-specific risk assessments during pre-bid phase.

Lessons Learned

• Rigid contract terms can lead to unfair and unproductive risk burdens.
• Weather risk allocation should be realistic and balanced.
• Early and equitable resolution of weather impacts protects all parties.

Audit & Prevention: Project Control Questions to Ask on Future Projects to Help Control the Situation

• Are weather delay provisions aligned with regional conditions?
• Is there a mechanism to adjust schedules for severe weather?
• Does the owner have a dispute resolution plan for weather-related claims?