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 | Aug 5, 2021
Contractors can be liable for building failures many years after project completion
Personal injury suits could be brought decades after substantial completion.
Codes and Standards | Aug 4, 2021
Mass timber is a natural choice for building recycling through deconstruction
Designing wood buildings to optimize recovery of materials for disassembly aids carbon sequestration.
Codes and Standards | Aug 3, 2021
Dept. of Energy releases initial version of the Spawn of EnergyPlus software
Targets new use cases in advanced controls, district systems, and grid integration.
Codes and Standards | Aug 2, 2021
Several U.S. cities among most expensive places to build in the world
San Francisco, New York, and Boston head the domestic list.
Codes and Standards | Jul 28, 2021
American Concrete Institute creates new director of innovative concrete technology post
Aim is to attract emerging technologies for development.
Codes and Standards | Jul 28, 2021
Higher ed faces infrastructure backlog of $112.3 billion
Study recommends integrated strategic planning for best results.
Codes and Standards | Jul 27, 2021
Add a wobbly moon to flooding risk factors
Earth satellite’s orbit variations will lead to sunny-day flooding in the mid-2030s.
Codes and Standards | Jul 26, 2021
Revamping of Florida building codes on the table after condo collapse
Tragedy could prompt upgrades like post-Hurricane Andrew effort.
Codes and Standards | Jul 21, 2021
Proposal to give Calif. hospitals more time for earthquake retrofits stirs controversy
State hospital association says 2030 deadline should be extended.
Codes and Standards | Jul 20, 2021
New York, New Jersey legislatures may revamp bidding rules to promote low-carbon concrete
Contractors would have to certify that their concrete is in compliance.