Construction Law

Weather: Dealing With What You Can’t Control featured image

Weather: Dealing With What You Can’t Control

Construction professionals work in a dynamic industry where not everything can be foreseen. Mother Nature, in particular, can often be an unwelcome intruder on a construction project. Most weather events shouldn’t cause much delay, but extreme weather conditions such as extreme heat, cold, or wind, heavy rains and lightning, and snow can delay a project.

The impact of these occurrences will affect project duration, construction costs, and productivity. Determining the level of impact will help contractors to prepare realistic estimates and schedules as well as bids. It’s critical that you consult with a Miami contractor attorney for practical ways to mitigate weather delays.

How to Mitigate Weather Delays

Preventing and mitigating weather delays begins with an understanding of the weather in your region and providing an allowance for the disruption in your schedule. To ensure your project remains productive and weather delay ready, you should address the following factors:

During bidding: have a clear idea of the weather patterns in the area and prepare to exclude conditions that are worse than the norm from your bid price.

Preparing the schedule: Allow for additional time in the schedule to compensate for inclement weather delays. Modify working times to maximize good weather or schedule work outside of certain hazardous weather seasons.

Communicate with your team: Provide advanced warning to your project team regarding impending inclement weather.

Keep everyone safe: The health and safety of your crew should be a top concern. Create a severe weather plan to address protocol for things such as appropriate gear, evacuation procedures, and suspending operations, and train all employees on the plan.

Put protective measures in place: Protective measures will save your team valuable time following extreme weather. Ensure that loose materials are secured, unfinished work is covered, clear storm-water drains, and brace partially completed structures.

Legal Considerations

Contractors must anticipate adverse weather events and make arrangements to address them within their contracts to eliminate potential disputes. 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 risk between both parties. Most often, contracts award contractors with additional time but not money for weather delays but this is based on whether the delay was abnormal, unforeseeable, or reasonably anticipated.

If you are concerned about potential weather delays on an upcoming construction project, please seek the assistance of a Miami contractor attorney to define what conditions will qualify for relief and the appropriate contract clauses that will provide the most benefit to you.

If you would like to speak with one of our Miami contractor attorneys, please contact us at 954.210.8735, or submit our contact request form.

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.