Trent Cotney, Cotney Construction Law
Ironically, during a pandemic, experts have predicted that 2020 will be an “above-normal” hurricane season. In the days before a hurricane, residents of high-risk areas may find themselves subject to evacuation orders. Many people travel north to other states, while others flee to shelters. It seems likely that COVID-19 is an added threat to the panic that a major hurricane brings.
The National Oceanic and Atmospheric Administration (NOAA) predicted as many as six major hurricanes this year. A major hurricane is classified as a Category 3 or higher, with winds over 111 miles per hour and guaranteed to bring significant destruction and possibly death. As a result, Florida’s roofing contractors should prepare in advance.
Preparing for a storm on a construction site includes protecting stored supplies and materials, covering building openings, lowering cranes and securing equipment. We recommend inserting a provision in your contract which requires the customer to pay for the additional costs associated with securing materials and equipment before a hurricane:
Customer shall pay Roofing Contractor for any costs associated with demobilization, remobilization and securing materials and equipment as a result of a hurricane or high wind event.
The key to hurricane preparedness is understanding the construction site’s risk and exposure to wind damage. A company should have a written hurricane preparedness plan to distribute to every team member. The document should make clear who is responsible for what in the event of a major storm. The plan should also include information on emergency resources, contact information for suppliers and vendors, as well as customers who might need to be notified about storm damage.
Roofing contractors should invest in safe and secure storage. Important project and financial documents need to be kept safe from water and wind damage. We recommend switching to a secure cloud-based, paperless platform. If the construction zone is in an area that is likely to require evacuation, storing documents and equipment in an off-site building might be the safest option.
Roofing companies should also have a plan for items such as scaffolding and signs. These items might be affected during a hurricane and should be properly secured prior to the storm’s arrival. Further, certain materials such as flammable or hazardous chemicals need extra care in advance of a storm (including specific storage and ventilation requirements).
In the event the owner will not allow the roofing contractor to secure the site, consider following up with an email that states:
Despite us warning you of the possibility of wind-borne debris and damage caused by our stored materials and equipment on site, it is our understanding that you do not wish us to secure the job site. Accordingly, you are assuming the risk of any liability or damages caused as a result of same.
Finally, OSHA has prepared an informative and useful tool for natural disaster response methods. The preparedness page on the OSHA website outlines the warnings used for hurricanes and contains information on creating evacuation plans and supply kits. In addition, to the extent possible, roofing contractors should continue to follow local and CDC guidelines for COVID-19 including social distancing and wearing of face masks when appropriate.
It is likely to be a record-breaking hurricane season. Roofers should begin preparing now to eliminate as much risk as possible.
Authors Note: The information contained in this article is for general educational information only. This information does not constitute legal advice nor should it be relied upon as legal advice for your specific factual pattern or situation.
Trent Cotney, CEO of Cotney Construction Law is an advocate for the roofing industry, Board Certified in Construction Law in Florida and General Counsel of FRSA. For more information, contact the author at 866-303-5868 or go to www.cotneycl.com.
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