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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Wednesday, June 9, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will advise construction counsel on the continued impact of COVID-19 construction projects and the legal implications that may arise from business interruptions due to the global supply chain's erratic status. The panel will address counsel for various construction stakeholders who can handle concurrent delays and scheduling issues and determine the best practices for mitigating the impact the pandemic has had on construction projects.

Faculty

Tara L. Ward
Partner
Wiley Rein LLP

Ms. Ward counsels and represents government contractors and subcontractors on a broad range of government contracting issues, including bid protests, contract claims and disputes, multiple award schedule contracting, subcontracting issues, and compliance with government investigations, audits, and ethics and procurement integrity laws. She prosecutes and defends bid protests before the U.S. Government Accountability Office, the Court of Federal Claims, federal government agencies, and state and local administrative entities. Ms. Ward represents government contractors in disputes with the federal government, including claims under the Contract Disputes Act and appeals of contracting officer final decisions to the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals, among other matters. She is a professorial lecturer in law at George Washington Law School.

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Stuart Rosen
Partner
Tannenbaum Helpern Syracuse & Hirschtritt, LLP

With more than 20 years of experience, Mr. Rosen represents clients in all aspects of public and private construction projects throughout the U.S, which includes a full range of transactional matters relating to construction and development, with a focus on preparing and negotiating complex construction contracts. He advises real estate developers, landlords, contractors and asset managers on construction management agreements, development agreements, license agreements with adjoining property owners, and agreements between owners and design professionals. Mr. Rosen has authored a number of articles for the trade publication Construction Executive, including tips for drafting construction contracts, how to navigate construction agreements during COVID-19, and how to terminate construction contracts.

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Description

The global spread and continued surges of COVID-19 have generated unprecedented disruptions, and uncertainty on construction projects due to travel restrictions, social distancing, quarantines, and contractors' and governmental inspectors' availability, resulting in project delays and increased costs.

The pandemic will unleash contractor claims for time extensions, delay damages, project disruptions, and labor inefficiencies. Delays directly caused by COVID-19 may be "excusable" under the contract because the pandemic is a "cause." Regardless of whether a project is totally shut down or only delayed and disrupted, counsel must consider the impact of relevant local and state restrictions.

Owners must identify relevant contractual provisions and communicate with its contractor to mitigate project impacts. Depending upon a construction project's circumstances, the owner may consider suspending or terminating the project due to COVID-19.

The type of delay is also a factor, as some delays are "concurrent" when the project's critical path has multiple events not exclusively controlled by one party. Whether a delay is concurrent depends on the responsible party's identity and whether it was on the project's critical path. A contemporaneous delay that does not affect the critical path may not be concurrent for schedule review and analysis purposes.

Whatever the type, construction delays may not appear on schedule updates but are revealed when reviewing project documentation. Counsel must work with stakeholders to ensure the project's documentation reflects the deal as it stands over time.

Listen as our authoritative panel discusses the impact of COVID-19 on the continued construction delays, best practices for owners and contractors to address these delays, and how concurrent delays and scheduling may be affected by the pandemic.

Outline

  1. Construction delays
    1. COVID-19
    2. Supply chain issues
  2. Owner concerns
  3. Contractor concerns
  4. Concurrent delays
  5. Schedule updates

Benefits

The panel will review these and other relevant topics:

  • What are the key delay and suspension principles that apply in connection with COVID-19 impacts?
  • What common law doctrines may excuse performance failures triggered by supply chain disruptions, economic shocks, and other COVID-19 impacts?
  • What is a concurrent delay, and how does it impact construction projects?
  • How can counsel revise documentation to reflect schedule updates?