Cohen Seglias Releases COVID-19 Resource Package 3.0

May 12, 2020

The law firm of Cohen and Seglias has put together the following “COVID-19” 3.0 package for contractor members to use as the situation dictates for protection and to ensure relief — time, money, etc. This packet is for the use of our members. These forms will need to be edited to a given project’s specific circumstances. This information is not an endorsement, simply a resource as we navigate these uncertain times as an industry. 

With states re-opening, many jobs, including construction will have a new normal on jobsites. The CDC, OSHA, and local and state governments have issued requirements and recommendations for returning to work. In taking the proper precautions, the impact on costs and schedules is inevitable. Questions have come up, but there is no clear answer.

Cohen Seglias’ Construction Contracts & Risk Management Group prepared sample notice letters for use on jobs where construction has or is about to resume under pre-existing contracts. Also included in this packet is sample language to add to change orders and monthly releases.

Additionally, with many companies still bidding and entering into contracts for new work, sample language to include in your proposal to help protect you in the event of a future shutdown or new guidelines is also included in this package. When bidding, remember that COVID-19 is not likely going to be considered a force majeure event due because it should be anticipated when developing your proposal. We suggest that the parties on a project discuss the use of an allowance to cover these costs. A letter to that effect is also enclosed. These forms may need to be revised to fit particular circumstances. 

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