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 | Jun 21, 2019
Green Globes 2019 accepted as a revised American National Standard
Advances include language on resilience, life cycle cost analysis, moisture control analysis, health, and effectiveness.
Codes and Standards | Jun 14, 2019
Reports from Intl. Code Council focus on expanding use of shipping containers as building materials
Three companies show compliance for using containers for housing.
Codes and Standards | Jun 13, 2019
Report explores potential for rope-less and multidirectional elevators in tall buildings
Technology can enable cities to be more interconnected, efficient, and accessible.
Codes and Standards | Jun 12, 2019
USGBC-LA launches Net Zero Accelerator
Goal is to enable building tech market adoption for a net positive future.
Codes and Standards | Jun 11, 2019
BREEAM USA In-Use standard to be released this fall
Will expand to include residential and multifamily for assessment and certification.
Codes and Standards | Jun 10, 2019
Intl. Code Council releases Natural Disaster Preparedness Guide
Provides tips for staying safe during and after a hurricane or severe weather.
Codes and Standards | Jun 7, 2019
Market conditions indicate slower growth in industrial real estate sector
E-commerce, market oversupply, rising interest rates to dampen hot market.
Codes and Standards | Jun 3, 2019
Haskell invests in BLOX, creator of modular-based delivery method
‘Represents important part of Haskell’s future strategy,’ says CEO.
Codes and Standards | Jun 3, 2019
Florida may eliminate certificate of need requirement for new hospitals
Bill could boost specialized facilities.
Codes and Standards | May 31, 2019
RELi 2.0 standard for sustainability, resilience being piloted
Will be open to LEED-registered or -certified projects, with introductory pricing and support.