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
Multifamily Housing | Nov 29, 2022
Number of office-to-apartment conversion projects has jumped since start of pandemic
As remote work rose and demand for office space declined since the start of the Covid-19 pandemic, developers have found converting some offices to residential use to be an attractive option. Apartment conversions rose 25% in the two years since the start of the pandemic, with 28,000 new units converted from other property types, according to a report from RentCafe.
Seismic Design | Nov 16, 2022
SPC-4D: 7 reasons California hospital building owners should act now to meet seismic compliance
Seismic compliance with the applicable California building codes is onerous and disruptive for building owners, especially for a building in the heavily regulated sector of healthcare. Owners of older buildings that house acute care services have a big deadline on the horizon—Jan. 1, 2030, the cutoff date to upgrade their buildings to SPC-4D.
Green | Nov 13, 2022
USGBC updates LEED v4 to better address greenhouse gas emissions and climate change
The U.S. Green Building Council (USGBC) will update the LEED v4 green building certification program to “more directly address greenhouse gas emissions and climate change” according to a USGBC news release.
Green | Nov 13, 2022
NREL report: Using photovoltaic modules with longer lifetimes is a better option than recycling
A new report from the U.S. National Renewable Energy Laboratory (NREL) says PV module lifetime extensions should be prioritized over closed-loop recycling to reduce demand for new materials.
Green | Nov 13, 2022
Global building emissions reached record levels in 2021
Carbon-dioxide emissions from building construction and operations hit an all-time high in 2021, according to the most recent data compiled by the Global Alliance for Buildings and Construction.
Legislation | Nov 13, 2022
U.S. voters pass numerous affordable housing measures
Voters in many U.S. jurisdictions passed housing measures Nov. 8 that will collectively set aside billions of dollars in new funding to create more affordable housing and provide protections for renters.
Industry Research | Nov 8, 2022
U.S. metros take the lead in decarbonizing their built environments
A new JLL report evaluates the goals and actions of 18 cities.
Resiliency | Nov 8, 2022
Oregon wildfire risk law prompts extensive backlash from property owners
A bipartisan bill aimed at protecting property owners from wildfires that was passed by the Oregon legislature has prompted a strong backlash.
Green | Nov 8, 2022
USGBC and IWBI will develop dual certification pathways for LEED and WELL
The U.S. Green Building Council (USGBC) and the International WELL Building Institute (IWBI) will expand their strategic partnership to develop dual certification pathways for LEED and WELL.
Sponsored | Steel Buildings | Nov 7, 2022
Steel structures offer faster path to climate benefits
Faster delivery of buildings isn’t always associated with sustainability benefits or long-term value, but things are changing. An instructive case is in the development of steel structures that not only allow speedier erection times, but also can reduce embodied carbon and create durable, highly resilient building approaches.
