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 | Jun 20, 2018
Home values and local tax revenues at risk from high tide flooding, scientists group says
Analysis of property data identifies communities prone to frequent flooding.
Codes and Standards | Jun 19, 2018
Structural engineered wood products exempt from new EPA formaldehyde ruling
Exempt products include structural plywood, oriented strand board (OSB).
Codes and Standards | Jun 18, 2018
Seattle City Council repeals controversial new per-worker tax on large employers
Measure was aimed at raising $50 million for homeless services, affordable housing.
Codes and Standards | Jun 14, 2018
Hardscape from development makes ‘1,000-year’ flood in Maryland worse
Impermeable concrete made it easier for water to overwhelm drainage system.
Codes and Standards | Jun 13, 2018
United States Resiliency Council announces support for Calif. earthquake resiliency bill
Measure would help cities identify structures that could fail in major quake.
Codes and Standards | Jun 12, 2018
Congestion pricing for cars is effective in reducing traffic, but a difficult sell
After three years, traffic congestion declined by 30% in London.
Codes and Standards | Jun 11, 2018
First RFP requiring modular construction on New York City housing project issued
Part of Housing 2.0 modular construction initiative.
Codes and Standards | Jun 6, 2018
Buffalo, N.Y., contractor exec pleads guilty to fraud for bid rigging on $750 million contract
LPCiminelli stops functioning as GC in fallout from the case.
Codes and Standards | Jun 6, 2018
LEED should be updated to combat climate change
Hasn’t kept pace with urgency of problem, says clean energy investor.
Codes and Standards | Jun 5, 2018
Sports stadiums and arenas showcase sustainability features
Green venues save owners money, gain positive publicity.