With the level of increased safety on projects, how is everyone accounting for the added time?
1 reply
May 26, 2020
Ultimately, who has to bear the cost increase will come down to the contracts that were signed. Contracts will often include items like delay provisions or force majeure clauses that provide guidance on who should bear those costs. If there aren't any contractual provisions relating to those issues, then each party may bear the responsibility for their own delays.
Ultimately, though, carrying on during this coronavirus outbreak will require quite a bit of collaboration and flexibility. So, before opting to use the contract as a sword or a shield, it'd probably be wise to discuss the situation with your customer and/or vendors. Often, everyone will understand the ongoing struggles and some common ground can be found.
If there's some grumbling about who will be responsible for delays or increased costs, it'd be wise to reach out to a California construction attorney to have them review your contract. They'll be able to assess any provisions relating to force majeure, delays, or just the project schedule in general. Then, they'll be equipped to advise on how best to proceed.