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impacts, the best way to support these claims is to establish a regular pattern of providing adequate notice and keeping good project documentation. Failure to completely document events, impacts, mitigation efforts, and costs that result from pandemic-related delays can greatly impact the successful resolution of a claim.
Daily logs should reflect potential impacts and be supplemented by emails, notes, and reports. The cumulative impacts of delays can be especially difficult to document, but thorough and frequent daily logs help track the impacts over time.
Thomas: It is also vital to raise issues early and often. Owners, contractors, and subcontractors will each undoubtedly experience issues related to the pandemic. It is in everyone’s best interest to maintain clear lines of communication to discuss the impact of these issues.
Sean: Fortunately for owners, contractors, and subcontractors, construction projects will proceed as long as construction remains an “essential” activity. But that does not mean that the industry is out of the woods. The scope of the issues and impact on the industry has yet
to be fully determined, but reading and understanding your contract and implementing good documentation practices will put your business in the best position to weather the storm.
Sean Hanlon is a partner in the construction projects practice group at Holland & Hart LLP. Sean recently completed a fully-dedicated secondment as in-house counsel for a large transportation infrastructure prime contractor. During his secondment, Sean served as the contractor’s internal senior counsel on many of its projects around the country that utilized a variety of project delivery methods, including a public-private-partnership (“P3”) project exceeding $2 billion.
Thomas Morales, a recent CU law graduate, joined the construction projects group at Holland & Hart LLP, after more than ten years as a project and operational manager for a custom home electrical subcontractor.
Strategic Navigation. Our sophisticated construction team helps contractors and developers navigate the complexities of P3 projects to create great public works.
Contact: Sean Hanlon
303.295.8270 | 555 17th Street, Suite 3200, Denver, CO 80202 |
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