Are We Having Fun Yet? Construction In a Post-COVID World (Law Note)

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What do you, as an architect or engineer, do now, faced with the potential for further shut downs, supply chain issues, and other COVID variants?

June 20, 2022
Melissa Dewey Brumback - Construction Law in North Carolina

Remember how I said to never assume? Yeah, about that…… even when you plan for failures, mistakes, and other problems, sometimes things get so outside the realm of what you considered that it can leave your construction project spinning. Take, as a random example, a world-wide pandemic that shuts down supply chains, shuts down job sites, and limits the labor pool. Just as an example.

What does construction law say about pandemics? They fall under an “Act of God” that you may have read about in your contracts, or in the contracts of the contractors working your projects. An “Act of God” is an event that is not foreseeable, and as such not something the parties could have anticipated when they drafted the contract. Acts of God generally excuse a party’s failure– for example, a contractor’s failure to complete the project on time can be excused when an “act of God” has occurred.

By now, you’ve dealt with the practical fall out, one way or another. Many projects no longer made financial sense for your clients. Others may have been modified, reduced in scope, or had substitute materials put in place.

Ms. Brumback may be contacted at mbrumback@rl-law.com



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