The Hurricane Season Reality Check Every Florida Construction Project Needs

If you’ve ever built anything in Florida—whether it’s a Naples beachfront home or a commercial expansion in Tampa Bay—you already know that construction timelines here have a mind of their own. Between the humidity, the hurricanes, and the ever-mysterious supply chain, even the best-planned projects can veer off schedule. And when they do, a simple question becomes incredibly complicated:

Who pays for the delay?

That’s where the concepts of force majeure and delay damages step in. They determine whether a contractor gets more time, whether an owner is owed compensation, and whether a project can push forward or becomes a breeding ground for disputes. And in a state where natural disasters are a regular guest rather than a rare surprise, understanding these clauses isn’t optional—it’s essential.

Let’s break this down in a way that’s clear, useful, and—yes—actually enjoyable to read.

What Force Majeure Really Means (And Why It Matters in Florida More Than Anywhere Else)

At its core, a force majeure clause is a safety valve in a construction contract. It’s the legal recognition that life happens—storms hit, power grids fail, supply chains collapse—and sometimes, no amount of planning can prevent disruption.

But force majeure doesn’t cover all disruptions. In construction law, the event must be both extraordinary and beyond anyone’s control. Traditional examples include hurricanes, tornadoes, and floods, but modern contracts often add unexpected wild cards like pandemics, labor strikes, or government shutdowns.

In Florida, the most common trigger is obvious: hurricanes. The state has had more direct hurricane strikes than any other U.S. state, and every summer brings a fresh round of “just in case” storm tracking. Because storms are expected here, courts pay close attention to their severity. A routine tropical storm is rarely enough to qualify as force majeure. A sprawling Category 4 hurricane that shuts down half the state for a week? That’s a different story.

Delay Damages: When Time Is Money—Literally

Every construction contract includes a timeline, and when that timeline breaks down, things can get expensive. Delay damages are the mechanism that determines responsibility for the extra costs a delay creates.

If the contractor caused the delay—for example, by mismanaging the schedule, failing to order materials, or not staffing the job adequately—then the owner may have a claim for monetary damages. These could include everything from extended supervision costs to lost rental income or lost business opportunities.

On the other hand, when the delay comes from something outside the contractor’s control—like a hurricane, a mandatory evacuation, or a sudden material shortage—the delay may be considered “excusable,” meaning the contractor isn’t penalized for it. However, “excusable” does not automatically mean “compensable.” Many Florida contracts allow extra time for an uncontrollable delay but not extra money. That means a contractor might get a schedule extension but still absorb the cost increases caused by the event.

This distinction—time versus money—is the heart of many construction disputes.

How Hurricanes and Extreme Events Actually Impact Construction in Florida

Imagine this: a project in Fort Myers is halfway through framing when storm models start showing a major hurricane cutting across the Gulf. The contractor braces the site, the crews demobilize, and materials that were scheduled for delivery get delayed by port closures. After the storm passes, roads are flooded, power is out, and suppliers are operating at half capacity. Even if the jobsite takes no direct damage, the ripple effects of a major storm can set a project back days or even weeks.

This is the kind of scenario force majeure clauses are designed to address. But getting the protection the clause promises isn’t automatic. The contractor must connect the dots—showing that the event caused a real delay, not just a theoretical disruption. They must also act reasonably under the circumstances, such as securing the jobsite, protecting materials, and remobilizing as soon as it is safe and practical to do so.

Florida courts do not excuse delays simply because a storm occurred. They look at whether the contractor responded responsibly and whether the storm’s impact truly hindered the work. A contractor who fails to prepare for an anticipated storm, or who takes too long to resume work afterward, may lose the benefit of the force majeure clause.

The Notice Requirement: The Silent Killer of Force Majeure Claims

If there is one part of force majeure that derails more claims than any other, it’s the notice requirement. Nearly every construction contract requires the contractor to notify the owner—often in writing and within a very specific timeframe—when a delay occurs.

Some contracts require notice within a week. Others require notice within 48 hours. Some require notice “immediately.” Regardless of the wording, courts in Florida treat these deadlines seriously. If the contractor misses the notice window, even by a day, the right to claim force majeure may be lost entirely.

This is one of the most painstakingly strict parts of Florida construction law. And it explains why force majeure disputes often turn on paperwork rather than the storm itself.

Mitigation: Contractors Must Do More Than Wait Out the Storm

Force majeure does not excuse a contractor from trying to minimize the delay. Even when a storm or other extraordinary event has genuinely disrupted the project, the contractor is still required to show that they took reasonable steps to reduce the impact. That may include:

• Taking action early when a hurricane is forecasted
• Protecting materials and equipment
• Reorganizing the schedule
• Finding alternative suppliers
• Remobilizing quickly after the event

In other words, a contractor cannot simply point to a storm and ask for a time extension. They must show responsible, proactive handling throughout the disruption. Owners should document delays as well, since their own actions can help resolve disputes or support claims later.

How These Clauses Play Out in Real Life: A Florida Example

Let’s put all of this together with a real-life scenario.

Suppose a developer is constructing a boutique hotel in the Tampa area. Construction is progressing smoothly until a late-season hurricane sweeps through, causing widespread power outages and shutting down transportation routes. Even though the jobsite sustains only minor damage, the storm disrupts deliveries, displaces labor crews, and forces the city to temporarily halt construction activity.

If the contractor promptly notifies the developer, documents the storm’s impact, and resumes work as soon as it is safe, the delay would likely be treated as excusable under most Florida force majeure provisions. The contractor would get more time to complete the work.

But because the contract only allows time extensions—not extra compensation—the contractor must absorb the rising material prices, the equipment rental overages, and the added labor costs. The schedule is forgiven; the cost is not.

For many contractors, this is a wake-up call. Force majeure protection isn’t always a financial shield—it’s a time shield.

Why Strong Contract Drafting Is Your Best Protection

At the end of the day, the force majeure and delay damages sections of your construction contract are far more than legal formalities. They determine how your project withstands unpredictable events—whether that’s a hurricane, a labor shortage, or a supply chain crisis like we saw after the pandemic.

Owners benefit from specific and carefully limited force majeure clauses, particularly those that require strong documentation and timely notice. Contractors benefit from clauses that recognize the realities of Florida construction and provide relief not only in time but in cost when disruptions occur.

Both parties benefit from clarity. The more detailed and customized these clauses are to the project—and to Florida’s hurricane climate—the fewer disputes arise later.

Don’t Let a Construction Delay Turn Into a Disaster

Hurricane disruptions, force majeure issues, or contractor disputes? Our team is ready to help. Contact DuFault Law now for clear guidance and strong legal protection.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation