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 19, 2020
Existing laws may be restricting efforts to cut carbon emissions
Outdated policies favor fossil fuels.
Codes and Standards | Aug 18, 2020
Florida becomes the third state to adopt concrete repair code
Sets minimum requirements for design, construction, repair of concrete structural elements in buildings.
Codes and Standards | Aug 17, 2020
ASCE seeks comments on seismic standard
Pertains to design criteria for nuclear facilities.
Codes and Standards | Aug 13, 2020
COVID-19 reboot guide offers strategies for reopening K-12 schools
Looks at space considerations for reopening at different scales.
Codes and Standards | Aug 12, 2020
Document provides guidance for mass timber construction
Overview of Intl. Building Code requirements included.
Codes and Standards | Aug 11, 2020
Inefficient air conditioning is a key contributor to global warming
More efficient equipment and buildings could make a big difference.
Codes and Standards | Aug 10, 2020
Concrete Institute and Post-Tensioning Institutes expand partnership
Will collaborate on new structural post-tensioned concrete code requirements.
Codes and Standards | Aug 6, 2020
SpeedCore demonstrates excellent fire resistance without additional fire-protective coatings
New York City approves metal-concrete product for all five boroughs.
Codes and Standards | Aug 5, 2020
Designing, redeveloping communities for zero energy needed to address climate change
District heating and cooling systems boost efficiency.
Codes and Standards | Aug 4, 2020
Virginia is the first state to adopt COVID-19 worker safety rules
Include social distancing requirements, notifications when co-worker tests positive, timelines to return to work after recovery.