Whether you are a contractor or a project manager, weather delays are a reality that can affect your ongoing construction in Florida. However, not every storm automatically entitles you to more time. Understanding what qualifies as an excusable delay while ensuring your contract terms provide protection is vital to secure your right to a schedule extension.
When contract language matters
Having a force majeure clause in your construction contract acts like a safety net. It allows you to be temporarily excused when something unexpected and out of your control occurs to your current project. In Florida, this can refer to extreme weather conditions like hurricanes, tropical storms and floods.
The specific wording of your contract governs and protects your rights. Unclear contract terms are harder to defend in court and can make you responsible for events out of your control. Your force majeure clause needs to be explicit to make it easier to enforce.
What counts as an excusable delay
Not every rainy day qualifies for a schedule extension on your construction project. In Florida, courts generally consider an unforeseeable event as a valid reason for a delay. A sudden hurricane or severe storm usually grants you an extension of time.
However, a normal afternoon shower during the Florida summer is seen as an inexcusable delay. These refer to events that are reasonably expected to occur and should be factored into your original project schedule.
Best practices to take note of
When you are overseeing a construction project, you need to do your due diligence to ensure your own legal protection. In Florida, you generally have 5 to 10 days to provide written notice of a delay. Missing this deadline can cause you to lose your right to an extension.
Keeping detailed daily logs of site conditions, wind speeds and local evacuation orders can also help show that you took reasonable steps to mitigate damages. These records can also prove that you secured the site prior to the event and resumed work as soon as it was safely possible.
Protecting your bottom line
While weather delays are inevitable in Florida, legal disputes do not have to be. Clear contract terms and meticulous documentation can be your best defense when extreme weather disrupts your construction job. A lawyer can help you review your agreement terms and procedures to ensure your project remains on solid legal and financial ground.