Snow Days? Really? Is Your Construction Company Expecting the Unexpected?

On December 18, 2008

By Scott Wolfe Jr

Last week, it was snowing in New Orleans. This week, it’s snowing in Seattle. Two cities very rarely crippled by the white stuff both affected by it in the middle of December, as the Christmas holidays and new year approaches.

Our IT systems weathered even Hurricane Gustav, so our firm (with offices in both cities) hasn’t suffered any setbacks from the winter weather. However, we’re not a construction company (See SRTC Transportation Blog for example company affected by Seattle area snow).

The recent snow in New Orleans and Seattle acts as a reminder to those in the construction industry that extraordinary weather happens. And according to advocates of climate change, unusual weather is becoming less and less unusual.

While the debate rages…one thing is certain: It’s important that your company be prepared for unexpected weather.

It’s no secret that unexpected events can affect a construction project. Here’s a few possibilities:

Unexpected weather can delay the project days, weeks, even months;

Unexpected weather raises special safety concerns;

Unexpected weather can delay payments.

Remember that while unexpected weather can delay the project, payments, and more….it does not delay contractual and statutory deadlines and obligations.

If you’re project is delayed because of weather conditions, make sure that you following the letter of your contract to request a Change in the Contract Time immediately. If payment is delayed because of weather, be certain to file your construction lienbefore you run out of time.Handling unexpected weather isn’t necessarily a reactive measure. Contractors can prepare themselves for the unexpected by putting effort in the drafting of Force Majeure clauses in its contract. While frequently overlooked, these clauses can have a powerful impact on construction projects, the handling of weather-related delay and potential exposure on a tardy project. The Mid-West Construction Blog wrote about the significance of these clauses last year.

With that, I’ll leave you with a quote from the 2001 film, Bandits:

“One of the things we always like to remind ourselves before we went into any job was expect the unexpected. Right? Right? Always sounds like good advice. Except, of course, if you are expecting the unexpected, then well then it really isn’t really unexpected anymore. Is it? And that leaves you vulnerable to the truely unexpected. Because, you’re not expecting it.”

Posted in: Construction News, Louisiana, Washington / Tags: climate change, Construction Business Owner, Mid-West Construction Blog, weather / Leave a comment

About the Author: Scott Wolfe Jr

Scott Wolfe, Jr. obtained his J.D. degree from Loyola University of New Orleans, and his B.A. from Southern Methodist University in Dallas, TX. In 2006, 2007, 2008 and 2009, Scott was recognized as a Leader in Law by CityBusiness Magazine. The son and grandson of general contractors, Scott is a construction litigator in the Pacific Northwest, and the founding member of the bi-coastal law firm, Wolfe Law Group. Scott is also the founder and CEO of Express Lien, Inc., a legal document preparation service for contractors. In 2008, City Business Magazine recognized Scott as one of its Innovators of the Year for the Express Lien concept. As an entrepreneur himself, Scott has a strong background in business and commercial transactions and laws. He focuses his practice on the legal issues facing the construction industry, and has represented clients in multi-million dollar construction disputes in litigation and alternative dispute resolution proceedings. Scott is a LEED AP.