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
Roofing | May 16, 2016
New guide focused on increasing energy and structural performance with raised-heel trusses
Higher trusses simplify attic ventilation, leave more space for insulation.
Codes and Standards | May 11, 2016
Current California seismic codes provide safety, resiliency, but needed upgrades present challenge
Los Angeles requires seismic retrofits, but other cities do not.
Codes and Standards | May 10, 2016
Apple spars with Cupertino, Calif., mayor over strained city infrastructure
Apple’s new ‘spaceship’ campus project prompts questions about whether the company should pay more to offset traffic woes.
Codes and Standards | May 9, 2016
Safety Stand-Down yields proposals to boost construction safety
One example: Gilbane encourages safety harnesses for all working above 6 feet.
Codes and Standards | May 9, 2016
EcoDistricts unveils sustainable neighborhood framework
Focus is on equity, resilience, and climate protection.
School Construction | May 3, 2016
Florida clamps down on school construction spending
Critics fear rules will hamper ability to build schools with desired features.
Resiliency | May 2, 2016
Connecticut to develop new code standards for resiliency
Expected more frequent severe weather events due to climate change prompts review.
Contractors | Apr 29, 2016
OSHA issues advisory to protect workers from Zika virus
Construction industry workers considered at high risk.
Codes and Standards | Apr 28, 2016
New research finds 30 measures to significantly cut energy use
ASHRAE’s prescription cuts across all building types and climates.
Codes and Standards | Apr 27, 2016
Florida gives developers more time to install first responder radio signal systems
Expensive upgrades can be postponed for several years.