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COVID-19 Checklist

While every company will have its own unique responses to the COVID-19 pandemic, here are a few items to consider:

Attend to employee safety first

  1. Enact workplace rules for social distancing and work-at-home
  2. Enact job site work rules consistent with public health agency guidance
  3. Modify procedures which require in-person meetings
  4. Utilize distancing technologies to maintain working groups
  5. Monitor governmental announcements and directives and modify procedures and policies accordingly

Provide notices

  1. Notify upstream and downstream contracting parties of potential impacts (sample notices are provided on this webpage)
  2. Notify broker and evaluate potential insurance coverage, provide notices of claims where appropriate
  3. Notify sureties and provide them with your response plan and obtain their guidance
  4. Notify lenders and investors, but only after you are able to present a plan for managing the impacts

Take stock of where things stand

  1. Evaluate on-going projects and document progress to date
  2. Inventory materials on hand and secure them
  3. Review trade and administrative staffing
  4. Consider site security issues
  5. Gather and evaluate Contract Documents
  6. Gather insurance policies (contact your broker for this)
  7. Where does the project stand in terms of affected work rules, slowdowns, suspension or termination of the Project

Evaluate impacts

  1. Review the current project schedule and identify likely disrupted activities
  2. Review material and equipment needs and those that are likely to be affected by manufacturing and shipping delays
  3. Consider impacts due to trade shortages
  4. Identify likely material and equipment cost increase

Mitigate damages

  1. Devise and material and equipment strategy, including available substitutes and alternative suppliers
  2. Communicate with trade unions
  3. Plan for labor shortages
  4. Pursue insurance claims
  5. Follow contract provisions relating to Force Majeure events
  6. Evaluate new projects for appropriate contractual protections
    1. Force Majeure Clauses
    2. Price escalation clauses
    3. Trade shortages
  7. Communicate with customers and enlist their help in implementing risk mitigation plans

Document everything

  1. Impact of new work rules
    1. Social distancing impacts on productivity
    2. Travel and housing costs
    3. Technology costs
    4. Additional management time
  2. Material and equipment shortages
    1. Attempts to expedite or locate alternative supplies
    2. Requests for substitution
    3. Transportation and storage
    4. Management of rental equipment (attempts to return or negotiate lower stand-by rates)
  3. Site General Conditions costs
    1. Demobilization costs
    2. Remobilization costs
    3. Owned and rented support facilities (office trailers, etc.)
  4. Price increases
    1. Manufacturer releases
    2. Supplier pricing
    3. Alternate sources and techniques (e.g. mill run or warehouse structural steel)
  5. Schedule impacts, both precedent, and follow-on work
    1. Apply contract-specified schedule analysis techniques
    2. Involve scheduling consultants where necessary
    3. Identify the baseline schedule
    4. What-if studies
  6. Insurance and bond costs
  7. Legal, accounting and other professional service fees
 Back to COVID-19 Resource Center

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The best way to get guidance on your specific legal issue is to contact a lawyer.