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 | Dec 16, 2020
Resources available to address Legionella threat
Buildings reopened after extended pandemic closure are at risk.
Codes and Standards | Dec 16, 2020
New Specifications for Concrete Construction reference manual released
Scope expanded to include shotcrete, internal curing, mineral fillers, and recycled concrete aggregates.
Codes and Standards | Dec 15, 2020
Despite COVID-19 population flight, don’t write off big cities yet
Lure of urban life and jobs may draw people back after pandemic subsides.
Codes and Standards | Dec 10, 2020
Test method for vertical fenestration installation procedures updated
FGIA issues first update for document created in 2005.
Codes and Standards | Dec 10, 2020
Updated EPDs for Polyiso Roof and Wall Insulation; EPD for Polyiso High-Density Cover Boards published
Cover Boards EPD is an industry first.
Codes and Standards | Dec 9, 2020
Newly formed Rainscreen Association aims to be recognized authority on rainscreen assemblies
Will address innovations in material performance and building designs.
Codes and Standards | Dec 9, 2020
Investors want building resiliency plans and risk mitigation practices
Owners should assess risk, insurance coverage, and ability to withstand disasters.
Codes and Standards | Dec 4, 2020
OSHA cites more than 200 employers for COVID-19 violations
Agency releases guidance on lessons learned from pandemic inspections.
Codes and Standards | Dec 1, 2020
Pandemic spurs nearly 16 million people to move from major cities
Most of the movement seems permanent.
Codes and Standards | Nov 30, 2020
USGBC ready to catalyze LEED Positive future
New programs, updates will spur shift to regenerative strategies.