SOME COVID-19 LESSONS I HAVE LEARNED IN THE PAST FEWWEEKS
1. How do I protect myself by including language in bids and proposals given the uncertainties of COVID-19 in the marketplace for future projects? In light of the uncertainties raised by COVID-19, contractors should consider language that qualifies bids by considering current and potential future disruptions in the industry, such as labor availability, price increases, and supply chain challenges. However, use caution on direct bids to government agencies on public projects to avoid having an otherwise acceptable bid being deemed nonresponsive. This is less of a concern regarding bids on private projects or bids to general contractors. 2. How do I protect myself by including language in contracts that are presently being negotiated but have not yet been executed?
We are all continuing to grapple with the day-to-day crisis of the coronavirus, or COVID-19, pandemic. It remains a very challenging time, both personally and professionally. I thought it might be helpful to share some of the issues that we have been encountering with our clients. As you are undoubtedly aware, survival in the construction industry is often about controlling and allocating risk. COVID-19’s impact on the construction industry is no different, and it is critical for all companies — owners, contractors, subcontractors, suppliers, and sureties — to evaluate and minimize their risks as the construction industry navigates this uncharted territory. That being said, and keeping in mind that every project and contract is unique, listed here are some frequently asked questions that we are addressing, as well as factors that are worth considering.
If you are currently in contract negotiations for a project, consider including clauses to address potential delays and
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jwyatt@harrisonlawgroup.com
www.HarrisonLawGroup.com
(410) 832-0000
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