if a Contractor is already late and working beyond the agreed completion date are they entitled to any further extensions of time for things like exceptionally adverse weather, force majeure? We have a couple of contracts that were in this scenario (being substantially late) when Cyclone Winston came along and we have also had fairly bad weather events since as well.
Another example is a Contractor who is now substantially late but an event has occurred recently which could be considered unforeseen physical conditions (essentially damage to the road by a logging Contractor driving on the road when it is officially closed). If the Contractor had finished on time we wouldn’t have this issue but on the other hand it does seem a little harsh that they are now being delayed further by something essentially outside their control (and obviously are still being charged delay damages for each day they are late).