Force Majeure Is a Contract Line, and Each Roofer Words It Differently

A force majeure clause is the part of a roofing contract that says what happens when something outside both parties' control stops the work. In St. Louis that list usually starts with weather, but it can also include a supplier that runs out of shingles, a shutdown order from the city, or a road closure that keeps the delivery truck out. Two roofers can quote nearly the same price and still write this clause very differently, and the difference shows up in the weeks after you sign, not on the bid page.

Why the clause matters more here

Freeze and thaw cycles can stop a crew for days at a stretch, and hail and wind season is the reason many homeowners start looking for a roofer in the first place. Summer heat can pull a crew off the roof for part of the afternoon, and a late October front can push a start date into the next month. A clause that is vague about these events leaves the start date and the final price open to argument.

The clause does not decide whether a delay is fair. It decides which party has to say what happened, in what form, and how soon. A roofer who writes that delays from events beyond their control extend the schedule without a limit leaves you with an open calendar. A roofer who names the events, sets a notice period, and states how the new date is set has given you something you can check.

Roofer comparison

Put the two or three contracts side by side and read the clause in each one with the same three questions. What events does the clause name? How much notice must each side give? Who sets the new start date, and does the price change if the delay runs past a stated number of days?

Here is how that works on paper. Suppose one bid says a delay from weather extends the schedule by as many days as the event lasts, with notice given by phone. Another says a delay from named weather events requires written notice within one business day, a revised start date within three business days, and no change to price for the first ten working days. The first bid leaves the length of the delay to whoever is standing on the roof. The second gives you a date to hold the roofer to. Neither is a verdict on the crew, but only the second can be checked against a calendar.

Look for the word that covers everything. Some contracts list specific events, such as severe weather, government action, or material shortage. Others use a general phrase that covers anything the contractor cannot control. The specific list is easier to test. The general phrase can also cover a crew that simply has no one to send, and that is a staffing problem the homeowner should not have to carry.

Check whether the clause covers only the roofer's delays or also yours. If your own plans, such as a closing date, a move, or access to the house, can trigger the same clause, the contract should say so. A one-sided clause that lets the roofer pause without notice while holding you to the start date is a comparison point, not a detail to skim past.

What it costs

A force majeure clause usually has no line item, but it still affects cost. An extended pause can mean a longer stretch with the tarp on, a gutter line left unfinished, or your other spring plans on hold. Ask each roofer whether a pause under the clause changes the price, and whether any storage charge or remobilization charge applies when the crew returns. Ask whether shingles already delivered stay on your lot during a pause, and who pays if they sit in the sun for weeks. Those answers belong in the same comparison as the total.

Also check how materials are priced if the pause runs long. A roofer who writes that the material price is held for a set window, and names the window, is giving you a number you can compare. One who leaves it unstated is leaving the cost for later.

What to ask

• Which specific events does your force majeure clause name, and is weather listed by a stated measure or left general?
• How much written notice do you give before a pause starts, and how is that notice delivered?
• Who sets the new start date after a pause, and how soon after the event does that happen?
• Does a pause under this clause change the contract price, and if so, by what method?
• Does the clause also protect the homeowner, such as a closing or move date, and where is that written?
• After how many days can either party cancel, and what happens to deposits and to materials already delivered?
• Can you send the clause as a separate page so I can read it next to the scope?

Ask each roofer to read the clause aloud on the phone and then send it in writing. A clause you have only heard is a memory. A clause in the same email as the scope is a document you can hold them to.

Reading the reply

When you ask, pay attention to whether the answer names events and numbers. A roofer who says the clause is standard and everyone is covered has told you nothing about the calendar. A roofer who says a storm pause triggers notice within one business day and a new start date within three, and then writes those words into the contract, has given you a commitment you can hold them to.

Keep the replies with the contracts. If a roofer changes a term after the first call, note the date and ask for the change in writing. The clause you compare should be the clause you sign, and the only reliable way to confirm that is to keep the wording you were shown.

Keys Roofing can be reached at (314) 220-2333 if you want to talk through the wording in your own contract before you decide. Bring each roofer's clause and the scope you were given, and ask us to point out where the two agree and where they do not.