National Roofing Legal Resource Center

Contract provision provides language to protect roofing contractors when working in excessively hot and humid weather conditions

According to the Occupational Safety and Health Administration's (OSHA's) "Water. Rest. Shade." heat illness prevention campaign website, when the heat index rises above 103 F and enters the "danger" zone of the National Weather Service's heat index chart, roofing contractors may need to adjust work activities to help reduce the risk of workers developing a heat-related illness. Such adjustments may include changing shifts to earlier starts or adding evening and night shifts; decreasing the physical demands and pace of the job; increasing the length and frequency of breaks throughout the day; and rescheduling heavy labor tasks for the coolest parts of the day. When the heat index is greater than 115 F (for example, on a day with temperatures as low as 92 F with 75 percent relative humidity), OSHA recommends in addition to the above measures, roofing contractors consider rescheduling all non-essential outdoor work for a day with a reduced heat index. Roofing contractors should stop work if the control methods in place to reduce heat-stress are inadequate or unavailable, or if workers are exhibiting signs of heat illness. Similar to a provision that provides roofing contractors additional time in the event of rain or inclement weather, this provision provides the roofing contractor be entitled to additional time to complete the work and not be liable for delay damages for having to slow or stop work because of excessively hot weather.

Additional Time to Perform Work Delayed by Excessively Hot and Humid Weather Conditions: Owner and General Contractor recognize that roofing work cannot be prudently performed in excessively hot and humid conditions that pose a hazard to worker safety. The time period for roofing contractor to obtain substantial completion will be extended based on days the roofing contractor was unable to perform roofing work at a normally scheduled pace because of forecast or actual unsuitable weather conditions. In no event shall roofing contractor be responsible for liquidated or actual damages for delays because of weather-related circumstances.


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