During the Covid-19 virus crisis, it is important for contractors to protect themselves from possible legal action by adhering to the provisions of current contracts, lawyers advise.
“The virus and its economic impact will almost alter pre-existing plans for owners, developers, general contractors, subcontractors, and everyone else down the chain,” according to Balch & Bingham LLP. “While many are understanding of these circumstances, there are ways to ensure you are protected going forward.” They advise:
· Review on-going contracts and locate their delay, force majeure, change order, termination, suspension and other relevant provisions.
· Comply with time-sensitive notice requirements. This includes supply agreements and insurance policies. When there is uncertainty over whether to invoke a provision in a document, consider putting the other party on notice to protect your rights.
· Scrupulously document developments. “Proving delays, labor shortages, supply interruption, and other project impacts tomorrow will depend on the evidence being created (or not being created) today.” Simple email or daily notes are acceptable to record the impacts from COVID-19.
· Check your insurance coverage. Business interruption insurance typically includes complex provisions and exclusions.
· Anticipate operational problems. “Administrative tasks might be easily completed from home while supply chains may be severely limited by a reduced and quarantined workforce thousands of miles away.” Anticipate likely problems and try to plan for them.
Related Stories
Codes and Standards | Sep 13, 2018
As ICC prepares to vote on codes for tall wood buildings, opposition is still strong
Influential body will vote in October on new provisions to allow 18-story wood-framed structures.
Codes and Standards | Sep 12, 2018
Saltwater incursion into Miami’s aquifer may make city uninhabitable later this century
Rising sea levels likely to claim drinking water before land is under water.
Codes and Standards | Sep 11, 2018
Smart Surfaces Coalition will help cities reduce urban heat island effect
Surfaces can reflect away heat and help prevent flooding.
Codes and Standards | Sep 7, 2018
Certified Green Buildings may have an advantage in capital markets
Research supports financial case for certification.
Codes and Standards | Sep 7, 2018
NIST releases report outlining steps to bolster disaster resiliency
Offers immediate occupancy building codes and performance standards strategies.
Codes and Standards | Sep 6, 2018
Coalition of mayors around the globe pledge net-zero buildings by 2030
New construction to produce as much energy as it consumes.
Codes and Standards | Sep 5, 2018
New White Paper on Metal Panel Fire Safety Released
Has detailed information for insulation, fire safety requirements in U.S., other countries.
Codes and Standards | Aug 31, 2018
Trade war could make adaptive reuse more attractive
Higher cost of building materials could make rehab a better financial bet.
Codes and Standards | Aug 30, 2018
Metrics should guide strategy for schools seeking LEED certification
Assessing current status helps direct where improvements can have greatest impact.
Codes and Standards | Aug 29, 2018
The 2018 IAPMO solar and swimming pool codes now available
For installation and inspection of public and private swimming pools, spas, and hot tubs.