Building Resilience Into Construction Contracts Before Hurricane Season

In Florida and other hurricane-prone areas of the Gulf Coast and Southeast, hurricane preparation is part of the job. For construction projects, the risks are immediate and costly: Unfinished structures, unsecured materials, and critical-path equipment can be destroyed in hours. Every year, contractors and owners learn — often the hard way — that planning for a storm in the middle of one is too late. The time to build resilience is before the first tropical storm forms.

For projects under construction, risk management starts in the contract. The agreement should do more than recite a standard force majeure clause. It should clearly allocate responsibilities for securing the site before a storm and for resuming work after. Those obligations should be detailed, measurable, and realistic for the type of work being performed.

In our practice, we've seen the difference this makes. A well-drafted "Hurricane Preparedness Exhibit" can save weeks of delay, reduce disputes, and protect the value of the work in place. These exhibits — tailored to the scope of work and project type — spell out the exact steps to be taken at each stage of storm readiness. They also make sure everyone on-site knows who is responsible for what.

A vertical construction contractor's plan might require tying down mobile offices, removing or weighting loose materials, dismantling unpoured formwork, and taking photographs to document conditions before a storm makes landfall. In some cases, especially where bracing or temporary structural supports are needed, contractors should coordinate with the project's design professionals to ensure that these measures meet applicable load and wind resistance requirements. While these steps address the unique challenges of vertical construction, restoration contractors face a different set of priorities. Their plans might focus on securing completed portions of the work, removing sensitive equipment, and staging resources for rapid mobilization after the storm passes.

These plans also need to address the recovery phase. In the hours after a storm, hazards abound — downed power lines, unstable structures, contaminated water, and unsafe access routes. The contract should establish a clear chain of command for post-storm assessment, including who decides when it is safe to return and how damage is documented. A disciplined approach not only speeds up repairs but also preserves evidence for insurance and other potential claims.

From a legal standpoint, hurricane provisions should be integrated with other contract terms. Force majeure clauses should be aligned with the preparedness and recovery obligations so that parties are not penalized for taking reasonable protective measures. Payment and scheduling provisions should account for shutdown time, demobilization, and remobilization. Insurance requirements should match the reality that certain losses will fall under builder's risk coverage while others may be the contractor's or owner's responsibility.

It's also important to recognize that these obligations run both ways. Owners need to provide timely access to information and decision-makers. Delays in approving protective measures can compound damage. Similarly, contractors must be proactive, not reactive, in communicating storm readiness and recovery status. A contract that builds in communication protocols — such as formal storm notices or "hurricane watch" status reports — reduces misunderstandings and protects relationships.

For companies that operate across multiple sites or projects, coordination is critical. The best hurricane exhibits designate a "Center Command" or similar role to track weather, issue alerts, and confirm when project-specific action plans should be activated. They require subcontractors to develop their own site-specific hurricane plans that meet or exceed the general contractor's requirements. This avoids the common problem of subcontractors assuming someone else will handle their scope's storm preparation.

The benefit of this level of planning goes beyond physical protection. In the aftermath of a hurricane, the parties that can document that they acted promptly, followed the contract, and took reasonable measures are in the best position to recover costs and avoid liability. In disputes, contemporaneous photographs, inventories, and communication records often make the difference between a covered claim and an unreimbursed loss.

The reality is that hurricanes will continue to disrupt construction in Florida, along the Gulf Coast, and in the Southeast. The question is not whether they will happen, but whether your contracts and project teams are ready. By incorporating clear, enforceable hurricane preparedness and recovery procedures into your agreements, you give your projects the best chance to withstand the storm — both physically and legally.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.