ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles

Albert Bates photo
Albert Bates Jr.
torresr_thumb
R. Zachary Torres-Fowler

Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus. In the United States, cities and states have enacted travel restrictions, issued shelter-in-place orders, and directed nonessential businesses to shutter. While all aimed at mitigating the spread of the virus, these measures will have an immense disruptive impact on businesses and industries around the world — the construction sector included. Continue reading “ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles”

COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay

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Robert A. Gallagher
James Diwik
James Diwik
Troutman Sanders

Jamey B. Collidge

Much has been written about whether and how COVID-19 qualifies as a force majeure event, and some additional information can be found here. But typical force majeure provisions entitle contractors to only schedule relief. While force majeure clauses may limit exposure to liquidated or consequential damages for delays, contractors who incur increased costs resulting from COVID-19 related delays should carefully evaluate the entirety of their contractual rights to not only an extension of time, but also recover prolongation costs. To assist in this endeavor, this article looks beyond force majeure to other potentially relevant contractual provisions. Potential remedies under the various contractual clauses discussed below will depend on the specific contractual language and project-specific facts. Continue reading “COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay”