One cannot look at one’s phone, computer, or even the road outside the window without seeing signs of the impact that coronavirus (COVID-19) is having on the world at large. Schools are shut down, traffic is lighter and there is a daily count of new confirmed cases, in Virginia and elsewhere. “Social distancing” is the buzzword of the day. I am writing this post from a home office because of CDC and other guidance regarding the best way to “flatten the curve.” We have all been told to avoid large groups and stay close to home.
All of this is well and good, but construction must go on. In traveling around Richmond, I see construction vehicles on the road quite a bit. This is a good thing. It seems that most of the Richmond, Virginia area contractors are trying to stay as close to “business as usual” as possible while still remaining vigilant and careful to follow CDC and OSHA guidelines on workplace activity and COVID-19. However, the situation is ever-changing and government and other outside forces could lead to project slowdowns, project shutdowns or other virus-related impacts to everything from permitting to staffing of a project.
As I have discussed, likely ad nauseam, any commercial or residential construction project is controlled by a series of contracts (hopefully well-drafted) that control the relationships on the job. Subcontractors in particular have the provisions of their subcontract and those of the prime contract to worry about. One of the major provisions that could trip up any construction professionals on these jobs is the notice provision of the subcontract (thanks for the reminder go to a friend and fellow construction lawyer Mark Cobb at his blog).
While you should always know the notice provisions of your construction contract (and those of the prime contract if you are a subcontractor), in times like these such knowledge is imperative. These provisions apply to just about any changes in the project from actual or anticipated delays (whether caused by owner or other forces) to payment issues and change orders. Failure to comply with these provisions, including all of the details from a form of notice to the delivery method of notice, can be fatal to any claim, whether the delay is your fault or not. In short, and as I have said more often than I’m sure my readers like to hear, the contract will set out how to notify and who to notify regarding any COVD-19 related issues. Of course, consultation with your friendly neighborhood construction attorney can always help you navigate these notice and other contractual issues.
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