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
| Jun 14, 2012
USGBC co-founder launches rating system for building product manufacturers
U.S. Green Building Council co-founder David Gottfried’s new venture, Regenerative Ventures, has established a rating system for building product manufacturers.
| Jun 14, 2012
Green standard set for single-ply roofing membrane
A sustainability standard has been established for single-ply roofing membranes used on commercial buildings.
| Jun 14, 2012
Minnesota Vikings stadium plan gets legislative go-ahead
Legislation that approved the construction of a new billion dollar stadium for the Minnesota Vikings passed the Minnesota legislature.
| Jun 14, 2012
Report alleges New York’s prevailing construction wages are miscalculated, costing billions
A miscalculation in how prevailing wages are calculated in New York reportedly costs the state $3 billion a year in public-infrastructure projects.
| Jun 14, 2012
AGC, other business groups oppose hiring rules for disabled
Business groups have asked the U.S. Department of Labor to reconsider a proposed hiring quota aimed at federal contractors pertaining to people with disabilities.
| Jun 5, 2012
HP Labs aims for net-zero energy data centers
Building sustainable data centers is one of the goals of HP Labs, and it believes technology, combined with the right building techniques, could result in the construction of energy-efficient data centers.
| Jun 5, 2012
USGBC delays LEED 2012; renames it LEED v4
In response to concerns by LEED users, the U.S. Green Building Council (USGBC) announced that it will delay the ballot on LEED 2012 until June 1, 2013.
| Jun 5, 2012
Baltimore officials vow to block $1.8 billion urban renewal project
Baltimore officials want to block a $1.8 billion urban renewal project until more neighborhood residents and minority contractors are hired and displaced residents can benefit from the revitalization.
| Jun 5, 2012
OSHA launches campaign to warn of heat dangers in outdoor work
The Occupational Safety and Health Administration has begun a campaign to warn outdoor workers about the dangers of heat exposure.
