By Cotney Construction Law.
After a hurricane, it is extremely likely that your construction site may have been compromised, as they are extremely susceptible to incredible damage and loss during a natural disaster. It is critical that your company and employees are prepared for the storm in advance. This can be achieved by having a strong disaster plan and making sure to take care of any liabilities that would threaten the completion of the project.
This second part will conclude our series. If you haven’t already, don’t forget to read part one of our article.
Get Your Credentials in Order
After a hurricane, the areas that have been affected are prime opportunities for your company to gain new business and take on new projects. To make sure you comply with area laws (whether you are staying within your own state or traveling to others) it is imperative that you review the licensing and consumer protection laws of where the project is. By doing this, you are protecting yourself and your company from issues with licensing, lien and bond claims, and contract agreements. To learn more about hurricane disaster response, you can find the information on FEMA’s website. Our construction lawyers are here to help you prepare for this hurricane season!
One of the biggest problems companies have after a storm is determining if the hurricane did or did not cause the damage or loss to a structure, or if the problem with the structure existed before the storm meaning the damage could be the result of a defect to the design or contracting work. Figuring out who is responsible if the damage was caused by a defect is left up to an adjuster - this is also the same for any type of hazard or contamination that also occurred during the storm. Do you know if your contract clearly says who will take on the risk, or if insurance will cover the costs and remediation?
Abide by Your Contract Terms
While a hurricane can definitely put a dent in a construction project and make the contractual obligations less clear, your company should still know their rights and responsibilities if a hurricane were to occur. With the help of a construction lawyer, you can make sure that your contract states the circumstances for when there are delays beyond the contractor's control and who will absorb those damages. A construction lawyer can also ensure that your contract has certain provisions, such as the force majeure clause, to make sure you are covered for potential unpredictable events, such as a hurricane.
To read the full article, please visit: Cotney Construction Law
Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
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