There can be many legal problems associated with construction completion inclement weather plan for business. This is a fertile field for lawyers involved in construction-related practices.
Therefore, astute construction people should make every effort to protect themselves and thus avoid problems, attorney’s fees and related expenses. It is extremely rare to find a construction contract that provides for a fixed or a determinable completion time without a companion clause excusing the contractor from delays occasioned through circumstances beyond his control. The contractor should insist upon such an excuse clause. Typical delay excuse clauses provide that the contractor is excused for periods of delay occasioned because of delaying activities of the owner or his representative, strikes, shortages or unavailability of workers or materials, fires, floods, tornadoes, unforeseen casualties, unanticipated adverse weather conditions, other acts of God, riots, civil unrest, wars, transportation delays and other conditions beyond the reasonable control of the contractor. In negotiating construction contracts, the contractor should use care to assure that delays will be excused and time for completion extended for any period of delay occasioned because of circumstances over which the contractor would have no control. On the other hand, the owner will wish to assure that the contractor’s completion time will not be extended where the contractor has failed to fix a realistic completion time or diligently proceed with construction.