Weather Clause

Acts of God, such as tornadoes, lightning, and floods, usually do not terminate a contract, even though they make performance more difficult and delays in performance occur.  Weather conditions constitute a risk that is assumed by a contracting party in the absence of a contrary agreement.  Construction contracts commonly contain a weather clause, which either expressly grants an extension for delays caused by weather conditions or expressly denies the right to any extension of time or additional compensation because of weather condition difficulties.

Most insolvent debtors may voluntarily file for bankruptcy or be compelled to do so by creditors.  The trustee in bankruptcy then takes possession of the debtor’s property and distributes it as far as it will go among the creditors.  After this is done, the bankruptcy court grants the debtor a discharge if it concludes that the debtor has acted honestly and has not attempted to defraud creditors.  Even though all creditor have not been paid in full, the discharge by a bankruptcy court discharges ordinary contract claims against the debtor.

Statutes provide that after a certain number of years have passed a contract claim is barred.  The time limitations provided by state statutes of limitations vary widely.  Three years is a commonly use time in statute of limitations for breach of a contract.

A contract may also require that notice of any claim be given within a specified time.  A party who fails to give notice within the time specified by the contract may be barred from bringing a suit against the other party.


Inside Weather Clause