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 | Feb 7, 2017
Newer structural standards mitigating earthquake impacts in Oklahoma
Buildings constructed in the last two decades are largely holding up to increased seismic activity.
Codes and Standards | Feb 6, 2017
New York State offers $36 million for energy efficiency on commercial buildings
Programs will provide money for both owners and renters.
Codes and Standards | Feb 6, 2017
New white paper on modular bathroom pods offers insight on best uses
When to use them, cost, and installation are issues that are explored.
Codes and Standards | Feb 3, 2017
Justice in Design initiative to explore how to design a modern jail
The report will inform design principles for New York City jails.
Codes and Standards | Feb 1, 2017
Massachusetts, Colorado, Illinois lead annual Top 10 States for LEED Green Building list
LEED for Building Operations and Maintenance the most popular rating system in top 10 states.
Codes and Standards | Jan 31, 2017
Planning for world’s first floating city underway
New approach to resiliency examined in French Polynesia.
Codes and Standards | Jan 30, 2017
Denser development could reduce emissions more than building energy retrofits
More tightly packed cities would cut building emissions significantly, study says.
Codes and Standards | Jan 27, 2017
Calif. legislator proposes statewide solar mandate for new buildings
It would be the first such requirement in the U.S.
Codes and Standards | Jan 25, 2017
Standard baseline for measuring building efficiency needed
EUI could push sustainability through market-driven approach.
Codes and Standards | Jan 23, 2017
Workers, local officials rally for new construction safety law in New York City
The new law would require those who work on 10-story-plus buildings to go through an apprenticeship program.