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”

The Seoul Protocol: Guidelines for Remote Arbitration Hearings During the COVID-19 Outbreak

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Albert Bates Jr.
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R. Zachary Torres-Fowler

As the COVID-19 pandemic continues to upend carefully choreographed arbitration schedules, parties, counsel and arbitrators have expressed interest in the use of video-conferencing technology to manage remote arbitration hearings. And while arbitration is no stranger to video conferencing, the arbitration community has never sought to utilize this technology on the scale being imagined today. As a result, counsel and arbitrators have clamored for guidance on how to effectively structure and manage remote arbitration proceedings. Continue reading “The Seoul Protocol: Guidelines for Remote Arbitration Hearings During the COVID-19 Outbreak”

Dispute Boards: A Different Approach to Dispute Resolution

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Albert Bates Jr.
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R. Zachary Torres-Fowler

With the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation in August 2019, there has been a newfound focus on how parties can improve and expand the use of alternative forms of dispute resolution outside conventional litigation and arbitration proceedings.  Pepper Hamilton attorneys Albert Bates and R. Zachary Torres-Fowler contributed the Dispute Boards: A Different Approach to Dispute Resolution chapter to the 2020 Special Issue of The Comparative Law Yearbook of International Business. The chapter introduces the concept of “dispute boards,” a common dispute resolution method in the construction industry, to a wider audience. Continue reading “Dispute Boards: A Different Approach to Dispute Resolution”