National Roofing Legal Resource Center

Contract provision intended to protect roofing contractor against extra installation costs because of others' actions

In a competitive bid environment for a new construction project, roofing contractors prepare their bids with tight cost assumptions and limited margins. If the general contractor fails to schedule and manage the project effectively and the roofing contractor is unable to perform the roof system installation in a typical manner consistent with its estimate, the roofing contractor's job costs will exceed the normal and estimated costs to produce the job. If the roofing contractor incurs costs substantially in excess of its original estimate through no fault of its own, the roofing contractor will want to be in a legal position to recover its additional costs. The contract provision is intended to provide a contractual basis to obtain additional compensation and time to complete the job when the roofing contractor incurs additional expenses because of others' actions.

Protect roofing contractor against extra installation costs due to the fault of others: Roofing contractor's bid or proposal is based on the roofing contractor being able to perform the roof system installation in an efficient manner. Roofing contractor's price is based on the job being ready for continuous roof system installation when roofing contractor is asked to commence roofing work and roof system installation being able to proceed in a logical, sequential manner without interference, interruption or obstruction so roofing materials can be installed efficiently without disruption, interference or damage by other trades. If roofing contractor is required to perform its work out of sequence, to undertake multiple mobilizations and demobilizations, or to work around obstructions or equipment that were not shown on the original plans, roofing contractor shall be entitled to additional compensation and time commensurate with the additional costs and time expended by roofing contractor. If the roof is damaged by other trades, general contractor will back charge the trades causing the damage and compensate roofing contractor for repairs or material replacement as needed.


7/30/2019



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