The evolving 2019 novel coronavirus disease (COVID-19) pandemic is creating uncertainty for privately owned construction projects. Concerns started with the potential impact to the construction supply chain when COVID-19 was first identified and started to spread in Asia. Now that it has reached the US shores, the myriad social distancing guidance and mandatory stay-at-home and closure orders issued by federal, state, and local governments reflect more immediate concerns for work health and safety. These orders have left owners, contractors, construction managers, subcontractors, and suppliers struggling to understand their potential risks in these uncertain times.
This Article provides practical guidance on:
- Putting a team in place to monitor and address COVID-19 impacts.
- Reviewing and evaluating construction contracts, insurance policies, and loan documents.
- Maintaining safe workplaces.
- Providing applicable notices under contracts, insurance policies, and loan documents.
- Initiating a dispute review board or mediation to modify contract terms for continued construction or recommencement.