The scheduling clause: weather, crew availability and “other unforeseen occurrences”
Clause 11 of 13 from my signed L&G Building & Concrete contract, with what it meant on my project and how I would rewrite it.
What it says
Company statement: contract ODR-001094, signed February 20, 2026
“Weather, crew availability,, and other unforeseen occurrences could affect project scheduling.”Terms and Agreement, page 2
I could not find a start date, a completion date or any remedy for delay anywhere in the packet. The only time estimate is that site-specific engineered plans “can take up to 20 weeks to receive.”
What happened on my project
My project record
The only time estimate in my twenty-page packet is that site-specific engineered plans “can take up to 20 weeks to receive.” The terms say weather, crew availability and other unforeseen occurrences could affect project scheduling. There is no start window, no completion date and nothing that happens to the company if the job runs long.
I signed February 20, 2026. The building was set to go up August 29. By text two days before, it moved to “Monday at latest.” The crew came September 3, worked until about September 5, and stopped with half a frame standing. As of the last update to this site, that is still where it is.
How I would rewrite it
- A start window and a substantial-completion date, in the contract.
- A daily credit for each day past the completion date not caused by the customer or weather, or the right to cancel and recover unearned money.
- A written plan-delivery date, since plans gate everything else.
- A written definition of “complete”: final inspection passed and punch list closed.
The question to ask before signing: “What date will this building be finished, and what happens to the price if it is not?”
My reading as a customer, not legal advice. A North Carolina construction attorney can tell you what the clause means for your contract.
Related
Previous clause: Grading and site work. Next clause: Repossession and security interest. All clauses.