Weather: Dealing With What You Can’t Control

By Lauren White, RCS Reporter.

Steps to prepare for adverse weather conditions on the jobsite.

Construction is a dynamic industry with unforeseeable obstacles.  Mother Nature is one of them and can be an unwelcome intruder on construction projects.  Extreme weather such as severe heat, cold, or wind, heavy rains, lightning, and snow, can delay a project.  

Project duration, construction costs, and productivity can all be affected by the impact of these weather conditions.  “Determining the level of impact will help contractors to prepare realistic estimates and schedules, as well as bids,” according to Cotney Construction Law.

How to Mitigate Weather Delays 

Understanding the weather in your region and planning for disruptions will help prevent and mitigate weather delays.  Cotney Law has suggested addressing the factors below in order to ensure the productivity of your project and that its ready for weather delays.

During bidding: Cotney Law advises you to know, “...the weather patterns in the area and prepare to exclude conditions that are worse than the norm from your bid price.”

Preparing the schedule: Schedule additional time to compensate for inclement weather delays.  Maximize good weather by modifying work times or schedule work outside of hazardous weather seasons.

Communicate with your team: Inform your project team of harsh weather approaching.

Keep everyone safe: Your crews’ health and safety should be a top priority.  Develop a plan for severe weather to “address protocol for...appropriate gear, evacuation procedures, and suspending operations,” as mentioned by Cotney Law.  Train all employees on this plan.

Put protective measures in place: Protective measures such as securing loose materials, covering unfinished work, clearing storm-water drains, and bracing partially completed structures will save time following severe weather.  

Legal Considerations

Contractors can eliminate potential disputes by addressing adverse weather events in their contracts.  According to Cotney Law, “Construction project delays are a result of “force majeure” events, which are unavoidable events beyond anyone’s control.  A force majeure contract provision helps to allocate the risk between both parties.” Contracts usually allow contractors added time for a project due to weather delays, but not additional money.  This is dependent on whether the delay was abnormal, unforeseeable, or reasonably anticipated.

Consult an experienced construction attorney like Cotney Construction Law to help define what conditions will apply for relief and the appropriate contract clauses that will benefit you most.

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Disclaimer: The information contained in this article is for general educational information only.  This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.