By LUCRECIA P. JOHNSON

As the temperatures drop and the holiday season approaches, construction contractors face unique cold-weather challenges – such as icy conditions, material shortages and holiday closures – that can quickly disrupt project timelines.

Here’s a list of winter considerations that your construction company should prioritize to safeguard your relationships and avoid costly disputes.

Weather-Related Delays

Winter in the north brings freezing temperatures, snow and ice, which can easily delay or halt construction. Contractors should account for these potential delays in their project timelines and budgets. Incorporating a force majeure clause into your contracts can help protect you from liability for delays caused by severe weather events outside your control.

What is a force majeur clause? A force majeure clause is a contractual provision that frees both parties from liability or obligation when an event or circumstance occurs that is beyond the control of either party. These events are commonly known as “acts of God, and can include pandemics, government actions or natural disasters.

Key Tip: Include force majeure clauses in your contracts. Make sure they specifically protect you from weather related shutdowns.

Key Tip: Never overpromise. While you’re planning, check historical weather patterns and consult forecasts to set realistic expectations for project milestones. It’s always better to estimate more time than necessary than to breach an agreement for failure achieve timely completion.

Holiday Closures and No-Construction Days

The holiday season introduces additional scheduling challenges. Certain holidays are designated as no-construction days. On these dates, contractors must halt all work, as per local regulations, to comply with noise and activity restrictions. These mandatory closures must be factored into your project schedules.

Some states and regions have their own unique regulations for inclement weather protocols and construction zone safety. Make sure you are familiar with the state-specific requirements that will affect your build.

Key Tip: Clearly outline these dates in your contracts and communicate them with all stakeholders to avoid misunderstandings.

Local Permitting Delays

Beyond the inherent complexity of local permitting, seasonal factors such as holiday closures and staff shortages at government offices can cause significant permitting delays.

Key Tip: Know the holiday schedules for permitting offices in your project’s jurisdiction. Submit your permit applications well in advance of critical deadlines.

Material Shortages and Supply Chain Disruptions

The holiday season can also strain supply chains, as many manufacturers and distributors reduce operations during this period. Cold weather can further exacerbate these delays, especially for temperature-sensitive materials like concrete or adhesives.

Key Tip: Order project materials well in advance to avoid delays.

Key Tip: Include escalation clauses in your contracts to manage potential price increases for materials.

What is an escalation clause? In construction, an escalation clause is designed to account for fluctuations in material or labor costs, including the costs of fuel and raw materials. The clause specifies what adjustments will be made if costs reach a certain level, and which party will be responsible for covering any additional costs.

Labor Shortages and Worker Safety

Holidays and harsh winter conditions can result in reduced labor and staffing availability. Additional safety risks, like frostbite, icy slips and cold stress can greatly affect productivity.

Key Tip: Ensure that your contracts account for potential holiday or weather-related labor shortages.

Key Tip: Develop comprehensive safety protocols for winter work conditions.

Best Practices for Construction Contracts

To mitigate risks, construction contractors should:

1. Draft Clear Contracts: Include clauses for weather delays, holiday closures and material shortages (these include the force majeure and escalation clauses mentioned above).
2. Establish Communication Protocols: Keep all parties informed about potential delays and updated timelines.
3. Allocate Risk: Define responsibility for delays and cost overruns to minimize disputes.
4. Partner with Legal Experts: Work with an experienced, specialized construction attorney to draft contracts that address local nuances and provide a clear framework for dispute resolution.

Lucrecia P. Johnson is managing attorney at LPJ Legal LLC.