Weather clause in construction contract example

Why weather matters in construction contracts

Construction projects are uniquely vulnerable to unpredictable conditions—none more disruptive than the weather. Rain, snow, high winds, and extreme temperatures can delay work, damage materials, and increase costs. To mitigate such risks, construction contracts often include a weather clause. This provision is designed to define how unexpected weather events are handled contractually, particularly in terms of project delays, cost sharing, and responsibilities.

In this article, we will break down what a weather clause is, why it matters, and provide a practical weather clause contract example. We’ll also explore how to draft and negotiate one effectively to protect all parties involved.

First things first: what is a weather clause?

A weather clause in a construction contract is a legal provision that outlines how weather-related delays or damages are managed during a construction project. It can address:

• What qualifies as inclement or adverse weather
• How delays caused by such weather are documented
• Whether extensions of time or additional compensation are allowed
• Responsibilities of both the contractor and the client

This clause is crucial for both contractors and clients to avoid disputes over project timelines and financial penalties due to weather events beyond anyone’s control. Without it, both parties may find themselves in contentious debates about who should bear the costs and consequences of weather disruptions.

Why include a weather clause in your contract?

1. Allocates risk

Weather is an uncontrollable factor. By including a clause that clearly defines how to handle weather-related delays, the contract fairly allocates the risk between parties. This protects both sides from absorbing disproportionate financial or scheduling impacts.

2. Prevents disputes

A well-drafted clause reduces ambiguity and can prevent costly legal disputes by setting expectations about how and when weather can be used to justify a delay. It also reduces the potential for miscommunication or disagreement during the course of a project.

3. Improves project planning

With a clear weather clause in place, both contractors and clients can plan more effectively, allowing for seasonal variability and built-in contingencies. It enables teams to build realistic schedules that account for likely downtime due to weather.

Key components of a weather clause

A strong weather clause should include the following elements:

1. Definition of adverse weather

Specify what qualifies as adverse weather. Is it just precipitation? Or does it include extreme heat, cold, wind, or humidity?

Example:
"Adverse weather" shall mean precipitation exceeding 1 inch in a 24-hour period, temperatures below 32°F or above 95°F, or wind gusts exceeding 30 mph, as recorded at the nearest official weather station.

This level of detail ensures all parties understand exactly when weather becomes a valid reason for delay.

2. Threshold for “unusual” conditions

Most contracts expect a certain number of weather days per year or season. A clause should distinguish between "normal" weather (based on historical data) and truly unusual events.

Example:
Adverse weather shall only be deemed compensable or eligible for a time extension if it exceeds the 10-year average for the site location by more than 20% during the affected month.

This helps separate expected seasonal weather from disruptive anomalies, such as record-breaking storms or unusual cold snaps.

3. Documentation requirements

Outline how weather impacts should be documented—e.g., with photos, weather station data, weather charts, or daily reports.

Example:
The contractor must submit a delay notice and weather data report within 48 hours of the alleged adverse event.

Clear documentation standards make it easier to validate claims and reduce the risk of subjectivity or disagreement.

4. Entitlement to time and/or money

Clarify whether the contractor is entitled to a time extension only, or if additional costs are also recoverable.

Example:
Delays due to adverse weather beyond the 10-year average shall entitle the contractor to a day-for-day extension of time, but no additional compensation unless otherwise agreed upon in writing.

This helps clients maintain control over cost exposure while offering contractors some flexibility for scheduling.

5. Force majeure considerations

If your contract includes a force majeure clause, ensure it doesn’t conflict with your weather clause. In some cases, extreme weather events might fall under force majeure instead.

Example of a weather clause in a construction contract

Here is a practical example of a weather clause that might appear in a commercial construction contract:

Section 10.3 – Adverse weather delays

10.3.1: Adverse weather is defined as any weather condition that prevents the Contractor from executing work activities safely, effectively, or in accordance with the Project Schedule. These include, but are not limited to:
a) Precipitation exceeding 1.0 inch within a 24-hour period
b) Snowfall exceeding 2.0 inches in a 24-hour period
c) Temperatures below 32°F or above 95°F
d) Wind gusts above 30 mph

10.3.2: The Contractor is expected to plan for and include in the Construction Schedule a number of weather delay days equal to the average monthly weather impact days over the past 10 years, based on data from the [Local Government Weather Bureau].

10.3.3: Only delays resulting from weather conditions that exceed the 10-year historical average by more than 20% in any given calendar month shall be considered compensable.

10.3.4: When a qualifying weather delay occurs, the Contractor must:
a) Submit a written notice within 48 hours
b) Include documentation such as photographs, daily site logs, and certified weather data from the nearest station
c) Provide an updated schedule showing the impact of the delay on the critical path

10.3.5: If the delay is validated, the Contractor shall be entitled to:
a) A day-for-day extension of the Substantial Completion Date
b) Additional compensation only if such costs were unforeseeable and approved by the Owner in writing

10.3.6: This clause shall be read in conjunction with the Force Majeure clause under Section 12.1. In the event of an extreme weather event (e.g., hurricane, flood), this clause shall defer to Section 12.1 unless otherwise agreed.

Tips for drafting an effective weather clause

1. Use historical weather data

Reference NOAA, local meteorological services, or third-party data providers to establish a baseline for “normal” weather at the project location. This gives all parties an objective reference point.

2. Make the clause location-specific

Tailor the clause to local conditions. What’s considered extreme in Southern California may be normal in Chicago. A one-size-fits-all clause rarely holds up under scrutiny.

3. Balance fairness and responsibility

Avoid clauses that are overly favorable to one party. Clients may resist clauses that open the door to unlimited time extensions. Contractors, on the other hand, need clear protection against unforeseeable delays.

4. Coordinate with the project schedule

Work closely with the scheduling team to bake in an appropriate number of expected weather days and buffer time. Project timelines should align with the realities of the climate.

5. Consider using technology

Weather stations, IoT sensors, and real-time data logging tools (like those used by some construction tech companies) can strengthen your documentation and reduce disputes. The ability to pull certified, timestamped weather data can be a game-changer in a claim situation.

Common pitfalls to avoid

• Overly vague language: Phrases like “bad weather” or “extreme weather” without quantification can lead to disputes. Use data-driven definitions instead.
• Lack of documentation protocols: Without a clear requirement to submit proof, disputes can become subjective.
• Ignoring seasonal timing: Projects starting in winter should account for very different weather risks than those in spring.
• Assuming one size fits all: Reusing generic clauses from other regions or projects can result in gaps or unfair terms. Always tailor to the project location.

Final thoughts: A clause that builds confidence

A weather clause in a construction contract is not just a legal formality—it’s a practical tool for managing risk, reducing conflict, and ensuring projects stay on track even when nature doesn’t cooperate. Including a well-drafted, location-specific, and fair weather clause can be the difference between a manageable delay and a full-blown legal dispute.

By defining what qualifies as adverse weather, how it should be documented, and what remedies are available, contractors and clients can move forward with clarity and confidence.