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 | Aug 30, 2017
Stormwater runoff mitigation pays off for some building owners
Rain gardens, green roofs, cisterns, and rainwater recycling add value.
Codes and Standards | Aug 28, 2017
Commercial properties address state carbon-reduction policies
EV charging stations, batteries, and microgrid technology are all part of effort to meet demand for cleaner power.
Codes and Standards | Aug 24, 2017
OSHA silica dust exposure enforcement begins Sept. 23
Vacuum dust collection, water-delivery systems, and respirators will be required.
Codes and Standards | Aug 18, 2017
Cool roofs may increase air pollution
California’s requirement for cool roofs on new non-residential buildings could promote smog.
Codes and Standards | Aug 17, 2017
Black market sales of OSHA training certifications plague New York City construction industry
Task force formed to get fake training cards off the streets and workers properly trained.
Codes and Standards | Aug 16, 2017
Big changes coming to Ontario building code
Proposals include solar-ready roofs, more stringent heating/cooling efficiency requirements, and graywater reuse.
Codes and Standards | Aug 15, 2017
ASHRAE certifications recognized by DOE as meeting Better Buildings Workforce Guidelines
Two of six such certifications are ASHRAE programs.
Codes and Standards | Aug 14, 2017
New edition of AISC Steel Construction Manual now available
Includes the 2016 Specification for Structural Steel Buildings.
Codes and Standards | Aug 10, 2017
AAMA releases updated Standard Test Method for Water Penetration Using Dynamic Pressure
The update applies to windows, curtain walls, and doors.
Codes and Standards | Aug 9, 2017
UpCodes aims to make researching building codes, regulations easier through searchable app
App currently includes building codes of 40 states and New York City.