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
Resiliency | Mar 13, 2020
Feds push use of eminent domain to force people out of flood-prone homes
Local officials that don’t comply could lose federal money to combat climate change.
Codes and Standards | Mar 12, 2020
Design guide for sloped glazing and skylights updated for first time in 30 years
Helps with choosing proper glass for non-residential applications.
Codes and Standards | Mar 11, 2020
Two tree species native to the Northeast found suitable for CLT
Eastern white pine and eastern hemlock pass strength testing.
Codes and Standards | Mar 10, 2020
Prescient receives ICC certification for seismic resilience system
Technology suitable for buildings up to 12 stories in earthquake-prone areas.
Codes and Standards | Mar 6, 2020
Design firms creating plans to re-imagine D.C.’s tidal basin
Area including National Mall is facing increased flood risk.
Codes and Standards | Mar 5, 2020
France to mandate all new public buildings be 50% timber or other natural materials
Measure would go into effect by 2022.
Codes and Standards | Mar 4, 2020
American Concrete Institute and Precast/Prestressed Concrete Institute expand partnership
Will collaborate on new code requirements.
Codes and Standards | Mar 3, 2020
Wallcoverings industry releases product scorecards concerning sustainability
Tool adds more transparency to certification.
Codes and Standards | Feb 28, 2020
Bay Area communities struggle with what to do about rising sea level
Policies include sea walls, levies, and relocation.
Codes and Standards | Feb 27, 2020
Cell phones present a safety hazard at job sites
Use of ear buds, headphones banned by some contractors.