News Article Archive

Contract Provision: "Tobacco-juicing" (Members Only)

MEMBERS ONLY

Trent Cotney, Cotney Construction Law, provides a contract provision designed to disclaim roofing contractor liability and address black residue stains resulting from materials installed on a project.

October 26, 2020

Contract provision: driveway damage disclaimer

Trent Cotney, Cotney Construction Law, provides a contract provision designed to disclaim driveway cracks and damage and educate the customer about the potential risk during roofing work.

September 20, 2020

Compensation for weather demobilization contract provision (Members Only)

MEMBERS ONLY

A provision about inclement weather and high winds provides additional compensation in the event the roofing contractor is required to perform additional work to secure supplies and equipment on a project.

August 25, 2020

Price acceleration contract provision (Members Only)

MEMBERS ONLY

Including a price acceleration provision in your contract may help protect you from unexpected increases in material prices.

July 27, 2020

Pandemic contract provision (Members Only)

MEMBERS ONLY

NRCA is providing a contract provision addressing the performance-related issues associated with COVID-19, having contract provisions that address the impossibility of performing a contract that includes pandemic language.

June 16, 2020

Contract provision limits scope of roof deck repair or replacement on reroof projects (Members Only)

MEMBERS ONLY

NRLRC is providing a provision to be included in a contract to address replacement of deteriorated roof decks during reroofing projects so the roofing contractor can safely and properly perform the reroofing work.

September 28, 2019

Contract provision addressing controlling employer liability on a multiemployer worksite (Members Only)

MEMBERS ONLY

NRLRC is offering a provision to be included in a contract to avoid controlling employer liability when engaging subcontractors. Subcontracting work to a subcontractor does not absolve the roofing contractor of responsibility for safety under the Occupational Safety and Health Administration, even when all the work is performed by a subcontractor. Following the terms of this contract provision establishes a defense to an OSHA citation issued to the roofing contractor as the controlling employer.

August 20, 2019

Contract provision intended to protect roofing contractor against extra installation costs because of others' actions (Members Only)

MEMBERS ONLY

NRLRC is offering a provision to be included in a contract to provide a contractual basis to obtain additional compensation and time to complete a project when the roofing contractor incurs additional expenses because of others' actions. If the roofing contractor incurs costs that substantially exceed its original estimate through no fault of its own and because of the actions of others, the roofing contractor will want to be in a legal position to recover its additional costs.

July 30, 2019

Contract provision addresses payment to roofing contractor as a condition precedent to warranty work (Members Only)

MEMBERS ONLY

This contract provision may be helpful for contractors working on residential properties. This provision makes the client's full payment to the contractor a condition precedent to the contractor having to complete warranty work for the client.

June 28, 2019

Contract provision addresses payment to roofing contractor as a condition precedent to warranty work (Members Only)

MEMBERS ONLY

This contract provision may be helpful for contractors working on residential properties. This provision makes the client's full payment to the contractor a condition precedent to the contractor having to complete warranty work for the client.

June 28, 2019

Contract provision to be inserted in contracts when a roofing contractor is required to enroll in a consolidated insurance program (Wrap-Up) (Members Only)

MEMBERS ONLY

NRLRC is providing a provision to be included in a contract when a roofing contractor is required to enroll in a consolidated insurance program.

May 29, 2019

Contract provision addresses when a roofing contractor is required to use a certain manufacturer's materials or product (Members Only)

MEMBERS ONLY

NRLRC is providing a provision to be included in a contract when a roofing contractor is required to use a specific manufacturer's materials or product.

April 23, 2019

Contract provision addresses working with temporary labor providers or staffing agencies (Members Only)

MEMBERS ONLY

NRLRC is providing a provision to be included in an agreement with a temporary labor provider.

March 28, 2019

Contract provision addresses working with roof consultants and observers (Members Only)

MEMBERS ONLY

NRLRC is providing a provision to be included in a contract when a roof monitor is retained on a job site. The provision entitles the roofing contractor to receive daily reports and be advised of alleged deficiencies and concerns the roof monitor has at the time the alleged deficiency is observed so the roofing contractor can respond to concerns promptly.

February 25, 2019

Contract provision addresses a subcontractor's non-standard CGL policy with open roof or torching exclusions. (Members Only)

MEMBERS ONLY

NRLRC is providing a contract provision to ensure all tiers of contractors on a project maintain adequate commercial general liability insurance. Insurance coverage depends on the policy language, and variations in policy terms may leave gaps in coverage.

January 28, 2019

Contract provision addresses installation of roof system over concrete deck (Members Only)

MEMBERS ONLY

Installing a roof over a structural concrete deck that is not sufficiently dry can cause an array of serious problems. If a project involves installation of a roof system over a structural concrete roof deck, it is important a roofing contractor include a provision stating he or she is not responsible for testing the moisture content of a roof deck.

December 27, 2018

Contract provision addresses permission and release for roofing contractor to take and use photography of customer's private property (Members Only)

MEMBERS ONLY

Using photography to document projects is common practice for many roofing contractors. If you think you may want to use these photos in your company's advertising materials or website, having your customer sign a release may reduce the likelihood of legal issues in the future.

November 29, 2018

Contract provision states reroofing contractor not responsible for removing existing water and ice-dam protection membrane (Members Only)

MEMBERS ONLY

NRLRC is providing a contract provision that protects a roofing contractor from liability when an existing water and ice-dam protection membrane cannot be removed without damaging roof deck during a reroofing project. The provision stipulates removal of such a water or ice-dam protection membrane and all repairs or replacement of the damaged deck shall be an extra or billed at unit prices to the customer.

October 30, 2018

Contract Provisions – Material Price Volatility (Members Only)

MEMBERS ONLY

NRLRC is providing provisions to include in correspondence, proposals and contracts to deal with volatile pricing of roofing, isocyanurate and steel products.

October 24, 2018

Contract provision addresses how to tie warranty effectiveness to payment for services (Members Only)

MEMBERS ONLY

NRLRC is providing a contract provision intended to be added to a roofing contractor's standard warranty form.

September 26, 2018

Contract provision addresses inadequate drainage design (Members Only)

MEMBERS ONLY

When performing reroofing work, roofing contractors should be aware any modification or alteration to a roof’s existing drainage system components could potentially be viewed as altering or designing the drainage system of the roof.

August 28, 2018

Contract provision obligating manufacturer and seller of equipment to roofing contractor to furnish equipment that is code-compliant (Members Only)

MEMBERS ONLY

Prior to making a purchase, the roofing contractor should obtain written assurance the equipment or product the contractor is purchasing complies with all codes, standards and regulations applicable to that equipment or product and its installation.

July 31, 2018

Contract provision to provide roofing contractor with opportunity to appeal dispute resolution decision issued by "decision maker" designated by contract (Members Only)

MEMBERS ONLY

NRLRC is providing contract provision language to counter statements in contracts that a person or entity affiliated with or retained by the other party is to make the final binding decision in project-related disputes.

June 23, 2018

Mandatory Anti-discrimination in Employment Contract Provision for all Federally Funded Construction Contracts More Than $10,000 (Members Only)

MEMBERS ONLY

This month, NRLRC is highlighting a provision from Section II of federal form FHWA-1273, which contains the mandatory terms a roofing contractor must include in his or her contract or subcontract for federal construction projects exceeding $10,000.

May 25, 2018

Contract provision provides language to protect roofing contractors when working in excessively hot and humid weather conditions (Members Only)

MEMBERS ONLY

NRLRC is providing a contract provision to be used in a contract form to allow roofing contractors to adjust work activities to help reduce the risk of workers developing a heat-related illness. This provision entitles roofing contractors to additional time to complete the work and not be liable for delay damages for having to slow or stop work because of excessively hot weather.

April 24, 2018

Article Archive

News search

Contract Provision: "Tobacco-juicing" (Members Only)

Contract provision: driveway damage disclaimer

Compensation for weather demobilization contract provision (Members Only)

Price acceleration contract provision (Members Only)

Pandemic contract provision (Members Only)

Contract provision limits scope of roof deck repair or replacement on reroof projects (Members Only)

Contract provision addressing controlling employer liability on a multiemployer worksite (Members Only)

Contract provision intended to protect roofing contractor against extra installation costs because of others' actions (Members Only)

Contract provision addresses payment to roofing contractor as a condition precedent to warranty work (Members Only)

Contract provision addresses payment to roofing contractor as a condition precedent to warranty work (Members Only)

Contract provision to be inserted in contracts when a roofing contractor is required to enroll in a consolidated insurance program (Wrap-Up) (Members Only)

Contract provision addresses when a roofing contractor is required to use a certain manufacturer's materials or product (Members Only)

Contract provision addresses working with temporary labor providers or staffing agencies (Members Only)

Contract provision addresses working with roof consultants and observers (Members Only)

Contract provision addresses a subcontractor's non-standard CGL policy with open roof or torching exclusions. (Members Only)

Contract provision addresses installation of roof system over concrete deck (Members Only)

Contract provision addresses permission and release for roofing contractor to take and use photography of customer's private property (Members Only)

Contract provision states reroofing contractor not responsible for removing existing water and ice-dam protection membrane (Members Only)

Contract Provisions – Material Price Volatility (Members Only)

Contract provision addresses how to tie warranty effectiveness to payment for services (Members Only)

Contract provision addresses inadequate drainage design (Members Only)

Contract provision obligating manufacturer and seller of equipment to roofing contractor to furnish equipment that is code-compliant (Members Only)

Contract provision to provide roofing contractor with opportunity to appeal dispute resolution decision issued by "decision maker" designated by contract (Members Only)

Mandatory Anti-discrimination in Employment Contract Provision for all Federally Funded Construction Contracts More Than $10,000 (Members Only)

Contract provision provides language to protect roofing contractors when working in excessively hot and humid weather conditions (Members Only)

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