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
Legislation | Aug 24, 2016
World Trade Center contractor found guilty of minority-owned business fraud
The company used two minority firms as fronts in a nearly $1 billion scheme.
Codes and Standards | Aug 22, 2016
Federal construction contractors propose reforms to federal project delivery
Industry leaders offer how procurement system could be improved.
Legislation | Aug 19, 2016
California lawmakers may take action to address contractor negligence
An assembly committee heard testimony on deadly balcony collapse that occurred last year.
Energy Efficiency | Aug 17, 2016
Investor Confidence Project aimed at raising trustworthiness on energy efficiency projects
The new initiative screens projects to see if they are investor-ready.
Standards | Aug 17, 2016
U.K.’S BREEAM green building standard enters U.S. market
The standard is touted as a cost-effective alternative to LEED.
Standards | Aug 16, 2016
Standard for conducting, reporting energy audits open for review
A joint ASHRAE/ACCA proposal seeks comments from industry professionals.
Legislation | Aug 10, 2016
Calif. bill would speed up environmental lawsuits on certain projects
A nine-month limit has been proposed for some $100 million-plus projects.
Resiliency | Aug 10, 2016
White House pushes for better finance strategies for disaster mitigation and resilience
The move highlights innovative insurance, mortgage, tax, and finance-based strategies.
Regulations | Aug 9, 2016
New trend eases parking requirements for U.S. cities
Transit-oriented development and affordable housing are spurring the movement.
Regulations | Aug 8, 2016
EPA toughens rules to reduce formaldehyde exposure from composite wood products
Products will now have to be labeled as compliant to the new rules.