Adverse Weather and the Delivery of Goods and Materials

As the snow slowing begins to melt away and businesses begin to dig out from the back to back snow storms of 2010, supplies and materials are once again beginning to be delivered to job sites and warehouses. In additional to various other problems associated with the snow, contractors must also consider issues arising out of delivery of goods and materials. Depending on the contract language, the responsibility for the delivery of goods or materials will be with the buyer or seller. So the first thing to determine is whether your contract covers the terms of delivery of goods and materials. Additionally, Maryland law provides coverage for such issues if your contract is silent on the issue of responsibility for deliveries.

In either case, buyers must provide facilities reasonably suited to the receipt of the goods or materials. Essentially, the buyer has to make sure that the seller of the goods and materials can drop off the shipment to the predetermined destination. This usually is not an issue, but when jobsites, parking lots, and warehouses (which usually receive these goods) are covered with snow and snow piles, problems will arise. In short, by making sure the drop off location for deliveries are clear of snow and ice, contractors will deal with the task at hand – completing their job. If you have any additional questions, please contact Michael W. Siri at 410-583-2400 or via email at siri@bowie-jensen.com.