Navigating Weather-Related Delays in Texas Construction: A Legal Perspective

In Texas, where weather can shift unexpectedly—from sudden thunderstorms to prolonged heat waves—construction projects often encounter unforeseen slowdowns. Understanding how to handle weather-related construction delays from a legal standpoint can save your project time, money, and unnecessary conflict. 

What Qualifies as a Weather Delay?

Not every storm justifies a delay claim. For a weather event to be legally excusable, it must be both unusually severe and unforeseen—think record-breaking rainfall or an unexpected winter freeze. Routine seasonal weather generally won’t qualify unless it exceeds historical norms and impacts the critical path of the project. 

For a broader look at common causes of project delays, check out our guide on Not Defining the Scope of Work Clearly. 

The Importance of Documentation

Strong documentation is your best defense when seeking relief for a weather-related delay. Keep thorough records such as: 

• Daily weather reports from trusted sources (e.g., NOAA)

• Photos of site conditions

• Supervisor logs

• Updated project schedules

• Communications with subcontractors and vendors

This evidence helps establish causation and supports any requests for time extensions. 

What Your Contract Says Matters

Most Texas construction contracts include force majeure clauses, which cover unforeseeable events such as extreme weather. These clauses typically allow for schedule relief—but not necessarily financial compensation. It’s crucial your contract clearly defines: 

• What counts as a weather delay

• Required documentation

• Notification timelines

• Dispute resolution procedures

In Texas, even an “act of God” won’t relieve contractual obligations unless the contract expressly provides for it. Learn more about how these Construction Delays & Project Disruptions | What You Need to Know 

Communication Is Key

Contractors who communicate delays early and clearly are more likely to maintain good working relationships with project stakeholders. Best practices include: 

• Notifying the owner or developer as soon as delays occur

• Providing revised schedules and recovery plans

• Suggesting mitigation strategies (e.g., resequencing tasks or accelerating work)

These efforts can minimize disputes and avoid claims of non-performance. 

When to Involve a Construction Lawyer

If you’re facing challenges like denied delay claims, payment withholding, or threats of contract termination, it’s time to consult a lawyer. Weather-related disputes can be highly technical. An experienced attorney can: 

• Interpret your contract terms

• Draft formal claims or notices

• Negotiate with the opposing party

• Represent you in mediation, arbitration, or litigation

The State Bar of Texas Construction Law Section is a valuable resource for legal professionals and industry participants alike. 

Don’t Let Weather Wreck Your Project Schedule

Need legal guidance on a construction delay or dispute in Texas? 

Contact Fort Worth Construction Lawyer Joe Tolbert—Board Certified in Construction Law and trusted by contractors, owners, and design professionals across Texas. 

Schedule a Consultation 
jtolbert@belaw.com 
100 Main Street, Fort Worth, TX 76102 
817.338.1700 
Monday – Friday, 8:00 AM – 5:00 PM