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 | Apr 5, 2021
Construction employment rebounds in March following February drop
Rising costs, supply-chain woes, and cancellations threaten outlook.
Codes and Standards | Apr 2, 2021
Intl. Code Council’s new development system could be a brake on building decarbonization
Local governments lose influence on creating new energy efficiency rules.
Codes and Standards | Apr 1, 2021
Cuomo proposes strengthened NY building codes to boost efficiency
Would apply to appliance, equipment efficiency and reduce water use.
Codes and Standards | Mar 25, 2021
N.C.’s Outer Banks’ communities struggle for ways to keep the sea from overrunning them
Tax hikes for beach replenishment offer temporary solution.
Codes and Standards | Mar 24, 2021
Perkins&Will’s D.C. office pledges to eliminate embodied carbon in commercial interiors
Firm aims to reach goal on all designs by 2030.
Codes and Standards | Mar 23, 2021
The 15-minute city may not work in much of North America
Segregated neighborhoods and car-centric cities may not adapt to the European model.
Codes and Standards | Mar 22, 2021
Think tank offers plan for new approach to reduce neighborhood poverty
Strategy uses more targeted approach to invest in low-income areas.
Codes and Standards | Mar 19, 2021
California city bans construction of new gas stations
Existing stations will not be allowed to add more pumps.
Codes and Standards | Mar 18, 2021
Congressmen ask Biden to tackle rising lumber costs
Rising materials costs and supply shortages threaten economic recovery, housing starts.
Codes and Standards | Mar 16, 2021
Massachusetts bill would mandate rooftop solar on new homes, commercial buildings
Proposed Bay State mandate modeled on California’s.