Canadian Fires and Tariffs Impacting Construction

How should contractors prepare for hazardous wildfire smoke and the possibility of higher material costs from proposed Canadian tariffs? Construction attorney Trent Cotney shares practical guidance on protecting workers, strengthening contracts and staying ahead of risks before they disrupt your business.

The discussion opened with the impact of wildfire smoke drifting south from Canada, which has created hazardous air quality conditions across parts of the Midwest and Northeast. While the hazy skies have become a familiar sight, Cotney cautioned that contractors shouldn't underestimate the health risks facing employees working outdoors.

"Construction workers are particularly vulnerable because they often spend an entire day outside," Cotney explained, noting that standard personal protective equipment may not provide adequate protection from the fine particulates found in wildfire smoke. He advised employers to closely monitor air quality, minimize outdoor exposure whenever possible and ensure workers have appropriate respiratory protection when conditions warrant. Employees with pre-existing heart or respiratory conditions deserve even greater attention, he added, as smoke exposure can quickly worsen existing health problems.

Beyond safety concerns, Cotney also examined the contractual implications of weather-related disruptions. He pointed out that wildfire smoke can often qualify under force majeure or "act of God" provisions commonly found in construction contracts. While such clauses may not entitle contractors to recover additional costs, they can provide legitimate grounds for requesting schedule extensions when unsafe working conditions prevent crews from performing their work.

"The priority should always be worker safety," Cotney emphasized, encouraging contractors to communicate early with owners and project teams whenever environmental conditions interfere with jobsite operations.

The conversation then shifted to another developing issue: proposed tariffs on Canadian imports that could significantly affect construction material pricing. Although the tariffs had not yet taken effect at the time of the interview, Cotney urged contractors not to wait before reviewing their contracts and estimating practices.

While steel, aluminum, copper and certain critical minerals are exempt from the proposed tariffs, Cotney noted that cement could be among the affected materials—a concern for contractors working on walls, ceilings, infrastructure and commercial projects. Even if the tariffs are ultimately scaled back through negotiations, he believes contractors should prepare now rather than react later.

His recommendation was straightforward: every contractor should ensure future contracts include price escalation clauses that address sudden increases in material costs, along with material substitution provisions that provide flexibility if certain products become prohibitively expensive or unavailable.

For projects already under contract, Cotney encouraged contractors to notify owners and design professionals immediately if tariffs could affect material pricing or availability. Opening the conversation early, he said, provides the best opportunity to work collaboratively toward a solution before delays or disputes arise.

Although Cotney expressed cautious optimism that negotiations may soften or delay the proposed tariffs, he acknowledged that trade policy has become an ongoing reality contractors must account for.

"The construction industry depends on stability," he said. "Commercial projects are bid months in advance and often last years. Predictability matters."

Whether the issue is wildfire smoke reducing productivity or government policy reshaping material costs, Cotney's advice remains consistent: plan ahead, protect your people and make sure your contracts are ready before the next challenge arrives. Those fundamentals, he suggested, remain the contractor's strongest defense in an increasingly unpredictable construction environment.