By: John A. Greenhall

The coronavirus crisis is just beginning to cause effects on the construction industry that should continue to reverberate for many months, if not longer. To help subcontractors and contractors navigate these treacherous waters, Cohen Seglias has developed various delay notification forms.

At this time, contractors need to conduct a thorough review of their current contracts to ensure they are well prepared to ride out the storm. In doing so, contractors need to focus on provisions related to delay, such as the force majeure clause, notice, and suspension rights. Contractors should check that their contracts allow for escalation on the cost of materials.

Once a contractor is aware of the contract requirements, the delay notification forms can be used. We have also included language to put in proposals on private projects. Note: Do not amend bid forms on public projects.

Due to the frequency of requests to provide project owners or construction managers with expected costs in case of a suspension, included is a response letter and a chart to assist in the breakdown of impact costs.