Are you liable for weather damage to an unprotected job?
Short answer. Yes. Failing to protect an open job from foreseeable weather is negligence, and force majeure does not cover it. Take responsibility, file the claim on your liability insurance, and repair the damage.
Work it through
You're the contractor. Pick what you'd do, then see how each choice plays out.
You left a roofing job partially complete over a weekend. An unexpected ice storm hits Sunday night. Monday morning, you find that water has infiltrated through the unprotected opening, damaging the homeowner's attic insulation and ceiling below.
The homeowner is furious.
- Correct
Failure to protect a work site from foreseeable weather damage is contractor negligence. You had a duty to secure the opening before leaving for the weekend. Your $50,000 general liability insurance exists for exactly this situation. Taking responsibility, filing the claim, and repairing the damage is the professional response. Trying to blame the weather for your failure to protect the site will not hold up with the MHIC.
- Wrong
Force majeure covers weather that prevents you from working, not weather damage caused by your failure to protect the site. You opened the roof, you left it open over a weekend in winter, and foreseeable weather caused damage. That's negligence, not force majeure. The homeowner will file a complaint, your insurance company will agree you're liable, and the MHIC will too.
- Wrong
A professional contractor never leaves an open roof unprotected, regardless of the forecast. Winter weather in Maryland is inherently unpredictable. Tarping and weatherproofing open work before leaving a job site is standard practice. 'The forecast said no storm' is not an acceptable defense for leaving someone's roof open to the elements.
All 9 job-site safety & hazardous materials questions
- When does OSHA require guardrails on scaffolding?
- What does the EPA RRP rule require when you find lead paint?
- Can you remove suspected asbestos during a renovation?
- What should you do when demolition uncovers mold?
- How must renovation debris be disposed of?
- Are you liable for weather damage to an unprotected job?
- Are you liable when someone slips on ice at your job site?
- What hours can construction start in a Maryland neighborhood?
- What should you do when your crew damages a neighbor's property?