Stay Prepared with Cohen Seglias’ Material Cost Escalation Package

June 9, 2021

Every day, the construction attorneys at Cohen Seglias are approached by clients as to how to address the current crisis due to the significant fluctuation in pricing in construction materials, equipment, and energy. Whether the product in question is steel, copper, glass or lumber, we have seen prices rise since the re-opening of the economy with some commodities hitting a 100% price increase according to some indices. Who is responsible for the burden of the price increases? Unfortunately, like with COVID-19, owners, construction managers, contractors, and subcontractors are all arriving at different answers. 

The Construction Contracts & Risk Management Group at Cohen Seglias has prepared sample notice letters for use on jobs where construction has or is about to resume under pre-existing contracts. We are also providing you with language to add to your change orders and monthly releases. Also, we have included sample language to place in your contracts and proposals to help protect you in the event of a future price escalation. These are extremely difficult clauses to negotiate. 

Understand that these forms may need to be revised to fit your particular circumstances. The attorneys of Cohen Seglias stand ready to provide you with assistance, when needed.

DOWNLOAD PACKAGE

Related Articles
OSHA recently released an Emergency Temporary Standard (ETS) on COVID-19 covering settings where employees provide healthcare services or healthcare support services. Contractors providing healthcare support services, such as equipment and facility maintenance, may have to comply with several provisions in the ETS. However, the standard does not apply to "well-defined hospital ambulatory care settings" where all employees are fully vaccinated, all non-employees are screened prior to entry, and people with suspected or confirmed COVID-19 are not permitted to enter those settings. Contractors whose employees are not providing healthcare support services are exempt from the ETS. However, OSHA has updated its guidelines for employers based on the most current guidance from the CDC. Employers are urged to comply with the updated guidelines.…
OSHA's recently presented Emergency Temporary Standard on COVID-19 (ETS) describes specific requirements for healthcare facility ventilation systems. The requirements apply to employers who own or control buildings or structures with an existing heating, ventilation, and air conditioning system(s) where employees provide healthcare services or healthcare support services. If your company provides HVAC services for an affected employer, the contents of the ETS ventilation provision may be helpful to you. …
DOL, OSHA, and other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to discourage workers from receiving the COVID-19 vaccination, or disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. The agency will reevaluate the agency’s position at that time to determine the best course of action moving forward.…
OSHA is reviewing recent CDC guidance and will update their website accordingly. However, until those updates are completed, the agency is referring affected employers to the "CDC guidance for information on measures appropriate to protect fully vaccinated workers." The highlights of the guidance published by the CDC follow.…

Don't forget to register for MCAA's 22nd Sponsor Spotlight episode this Friday with Bob Bolton, MCAA’s President-Elect and Wayne Garrett, Managing Director, NA Applied Equipment for @CarrierHVAC. Save your seat today & join us on June 18 at 2:00 p.m. ET – http://ow.ly/TUM050Fb0vd

Looking for the latest from Charlotte Pipe & Foundry and @evolvemep? Find it in MCAA’s Virtual Trade Show!

http://ow.ly/rFXj50FaK9s

Are you joining us THIS THURSDAY for a very special webinar with football legend turned entrepreneur, @JoeMontana? Co-hosted by BuildOps, you’ll hear Joe’s take on leadership, teamwork, and how to be your best in every situation. Don't forget to register –http://ow.ly/QeYM50Fadq5

.@Havtech and @MacDonaldMiller are among the MCAA members using @XOiTechnologies to capture facilities information that helps them improve service and better communicate with clients.

http://ow.ly/xmnX50F7Jy4

Load More...