Background:
With acceleration claims on the rise and roofing contractors being asked to work overtime to accommodate material shipments once they arrive on the project site, roofing contractors should consider adding provisions that specifically identify the working hours on the project. By doing so, any hours outside the contractual work times may be subject to increased labor rates. The following provision shifts the burden of increased labor rates onto the prime contractor if the roofing contractor is asked to work outside normal working hours.
Recommended Contract Provision:
This Agreement is based upon the performance of all Work during Roofing Contractor’s regular working hours, which are from ___ a.m. to ____ p.m., Monday through Friday. Customer shall pay increased labor rates, for work performed other than during Roofing Contractor’s regular working hours, if requested by Customer, or necessary in the Roofing Contractor’s sole opinion.
The information contained in this newsletter 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.
Trent Cotney is a partner and Construction Practice Group Leader at the law firm of Adams and Reese LLP and NRCA General Counsel. For more information on any subject in this newsletter, please contact the author at trent.cotney@arlaw.com.