Joneis M. Phan and Sarah K. Bloom | ConsensusDocs Federal contractors have faced unprecedented challenges performing during the COVID-19 pandemic. Additional costs have included delays and inefficiencies, site closures, quarantines, unavailability of supplies and materials, and full shutdowns of subcontractor operations. For contractors performing under fixed price contracts, the cost impact of COVID-19 was likely… Continue reading Is Your Contract “Mission Essential?” Recovering Costs for Performing During a Force Majeure Event Under Federal Regulations
Tag: Force Majeure
Force Majeure Application to Increase in Price of Materials
Kent B. Scott | Babcock Scott & Babcock Is a substantial increase in the cost of materials covered by a force majeure provision? If so, what is the appropriate remedy? Short Answer In short, the answer is dependent on the terms of the specific contract. If a contract is a fixed price contract, an increase… Continue reading Force Majeure Application to Increase in Price of Materials
Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?
Sherman Botts | Stinson While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone’s experience. Prior to COVID-19, material costs have spiked for many products, such as oil, asphalt, concrete and plywood. Those cost increases may have… Continue reading Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?
Why Every Lawyer in the Construction Industry Should Pay Attention to Level 10 Construction v Sea World LLC
Christopher M. Wise | Forum on Construction Law “We will not process outstanding payments to contractors or subcontractors until the pandemic restrictions are lifted.” Since the pandemic began, I have wondered what courts across the country would do when businesses started breaking contractual obligations and blaming, or using, pandemic restrictions as their defense. Most lawyers… Continue reading Why Every Lawyer in the Construction Industry Should Pay Attention to Level 10 Construction v Sea World LLC
Force Majeure Claims in Future Waves of COVID-19: Four Key Actions
Mark Crossley and Timothy Hill | Hogan Lovells As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie: 1. Decide COVID-19’s status as a force majeure event Is a subsequent COVID-19… Continue reading Force Majeure Claims in Future Waves of COVID-19: Four Key Actions