Trent Cotney, Partner, Adams & Reese, LLP and FRSA General Counsel - July 2026
Rain creates obvious challenges for roofing contractors but one of the most dangerous conditions on a roofing project is not always the rain itself. The greater hazard often occurs after rain contacts roof underlayment, roof decks and ladders. A surface that appeared safe earlier in the day can become slick with very little
warning. For roofing contractors, this creates both a safety concern and a legal exposure concern. The contractor must manage worker safety and prevent owners or other unauthorized persons from entering areas that present a fall or slip hazard.
Underlayment requires particular attention because it can create a false sense of security. Many modern underlayments perform well as water-shedding materials but that does not mean they provide safe walking surfaces when wet. Rain or roofing debris can reduce traction. A steep-slope roof with wet underlayment
can become dangerous even for experienced workers. The hazard increases when workers carry materials, move near valleys or edges or transition from ladders to roof surfaces. Contractors should treat wet underlayment as a heightened hazard condition rather than a normal work surface.
The first safety step is jobsite evaluation. Before work begins each day, the contractor should inspect roof surfaces and access points. After rain occurs, the contractor should re-evaluate the project before resuming work. The analysis should not focus only on whether rain has stopped. The more important question is whether the surface has dried enough to allow safe access. Supervisors should have authority to suspend work when conditions create an unreasonable risk. A brief delay usually costs less than an OSHA inspection or worker’s compensation claim.
Contractors also need clear internal procedures for wet surface conditions. Employees need to understand that wet underlayment, wet decking, wet ladders and wet staging areas require additional caution. Crews should use appropriate footwear, maintain three points of contact when accessing ladders and avoid carrying loads that block visibility or reduce balance. Supervisors should remove loose debris and address pooled water where possible. When conditions remain unsafe, the better practice is to stop work on that portion of the project until the hazard can be controlled.
The legal protection begins before the project starts. Contracts should give the roofing contractor express authority to control the means and methods of roofing work, suspend work due to weather or unsafe site conditions and restrict access to active work areas. The contract should also state that weather delays caused by rain or unsafe access conditions are not contractor-caused delays. Owners often focus on completion dates but contractors need written protection when safety requires a pause. A contractor should not feel forced to place workers on wet underlayment simply because the owner wants the job completed faster.
Access control is equally important. Owners, consultants and other trades should not be allowed to walk on roof surfaces without authorization. The contractor should use reasonable barriers and written notices depending on the project. On residential projects, contractors should tell owners that the roof and staging areas remain off limits during construction. On commercial projects, the contractor should coordinate with the owner or property manager to restrict access through hatches, ladders and rooftop doors.
Written notice helps reduce disputes. Contractors should consider sending a short weather-related notice when rain affects work or creates unsafe surface conditions. The notice should state that rain has created potentially slippery conditions on underlayment or other work surfaces, that access is restricted and that work will resume when the contractor determines conditions can be safely managed. The notice does not need to be aggressive. It simply creates a record that the contractor recognized the hazard, acted reasonably and communicated access restrictions.
Documentation remains one of the best legal defenses. Contractors should photograph wet conditions and access restrictions. Daily reports should identify rain events and work delays. If an owner insists on access or asks workers to proceed despite unsafe conditions, the contractor should document the request and respond in writing. The response should make clear that safety controls remain in place and that the contractor will not authorize unsafe access to the work area.
Contractors should also avoid overpromising that temporary dry-in conditions are safe for foot traffic. A temporary dry-in may protect the structure from water intrusion but it does not necessarily create a safe walking surface for the owner or others. Contract language and project communications should distinguish between weather protection and access safety. This distinction matters because owners sometimes assume that if the roof is dried in, they may walk on it. Contractors should correct that assumption immediately.
Rain is part of roofing but wet underlayment creates a serious hazard that requires disciplined safety practices and careful legal protection. The safest approach is also the strongest legal approach: inspect the condition, communicate clearly and resume work only when conditions allow the work to proceed safely. Roofing contractors cannot control the weather but they can control how they respond to it.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Contractors should consult with legal counsel regarding the laws, contract requirements and safety obligations that apply to their specific projects and jurisdictions. Trent Cotney is a Partner and Construction Team
Leader at Adams & Reese, LLP and is also FRSA's General Counsel. You can reach him at 813-227-5501 or trent.cotney@arlaw.com.