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 | Nov 3, 2016
OSHA proposes safety standards changes to reduce employer costs
The changes include clarification on excavation standard and reporting job-related hearing loss.
Codes and Standards | Nov 2, 2016
New resources available to reduce plug loads using advanced power strips
A tenant education program can boost efficiency in office buildings.
Codes and Standards | Oct 26, 2016
Design industry lagging in meeting AIA 2030 Commitment goals, says AIA
Only 4% of projects have met the 70% energy savings target.
Codes and Standards | Oct 25, 2016
Concerns over megaquake in Oregon provoke debate over school building standards
According to advocates, communities should consider increased resiliency.
Codes and Standards | Oct 24, 2016
Building energy codes projected to save $126 billion in energy costs from 2010-2040
Commercial and residential structures are both included in the total.
Codes and Standards | Oct 24, 2016
Fall hazards, hazard communication lead 2016 OSHA top violations
The 2016 list bears a strong resemblance to the 2015 list.
Codes and Standards | Oct 21, 2016
Green Bond Guidelines for the Real Estate Sector updated
The market growth is a signal of future opportunities.
Codes and Standards | Oct 20, 2016
What top-ranked energy efficiency states are doing right on codes, utility mandates
Calif., and Mass., use aggressive targets to lead nation.
Codes and Standards | Oct 20, 2016
New cross-laminated timber fire tests back proponents of high-rise wood structures
'Demonstrating for the first time the feasibility of tall mass timber buildings in the U.S.’
Codes and Standards | Oct 14, 2016
ASCE issues first tsunami-safe building standards
The new standards will become part of international building code.