DFI Magazine May/June 2020 - 113
revenue. These policies, however, cover
premises, typically require that the loss
result from "direct physical loss or
damage," and would only cover the "period
of restoration" of the damage. Open
questions remain about whether a project
site would be considered an insured
contractor's premises and whether COVID19 virus exposure or contamination would
qualify as physical damage.
Indemnification Provisions
Indemnification provisions may offer protection to contractors and subcontractors
should third parties make claims against
them for damages or impacts caused by subcontractors or vendors working for them.
Recommendations
Given the issues identified thus far, project
participants should take the following
actions for current and future contracts:
Current Contracts
* Closely monitor federal, state and local
government actions that might affect
construction in general, and your
project(s) in particular
* Verify sources of supply for all open
subcontracts and purchase orders (ask
vendors and subcontractors to confirm
in writing)
* Review subcontract force majeure,
delay, changes, claims, suspension,
termination, indemnification and
notice provisions (and prime contract
provisions incorporated by a flowdown clause)
* Immediately notify owner (if prime
contractor) or contractor (if you are a
subcontractor) of any current or
potential delays resulting directly or
indirectly from COVID-19, including
any cost/price impacts
Future Contracts
Include provisions in future contracts specifically addressing delays and cost impacts
that result directly or indirectly from epidemics and pandemics (expressly including
COVID-19). Provisions should address:
* Disruptions to material and/or equipment supply
* Illness of contractors, subcontractors or
any of their subcontractors' workforces
and/or unavailability of labor
* Government quarantines, shelter-inplace orders, closures, or other mandates, restrictions, and/or directives
* Owner or contractor restrictions and/or
directives
* Fulfillment of subcontractor's contractual or legal health and safety obligations associated with COVID-19
* Express rights to suspend or terminate
work in the event work becomes impossible, impracticable or inadvisable (due
to health and safety concerns) to perform
DEEP FOUNDATIONS * MAY/JUNE 2020 * 113
DFI Magazine May/June 2020
Table of Contents for the Digital Edition of DFI Magazine May/June 2020
Contents
DFI Magazine May/June 2020 - Intro
DFI Magazine May/June 2020 - Cover1
DFI Magazine May/June 2020 - Cover2
DFI Magazine May/June 2020 - Contents
DFI Magazine May/June 2020 - 4
DFI Magazine May/June 2020 - 5
DFI Magazine May/June 2020 - 6
DFI Magazine May/June 2020 - 7
DFI Magazine May/June 2020 - 8
DFI Magazine May/June 2020 - 9
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DFI Magazine May/June 2020 - 18
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DFI Magazine May/June 2020 - 20
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DFI Magazine May/June 2020 - 34
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DFI Magazine May/June 2020 - 36
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DFI Magazine May/June 2020 - 40
DFI Magazine May/June 2020 - 41
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DFI Magazine May/June 2020 - Cover3
DFI Magazine May/June 2020 - Cover4
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-august-2024
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https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/march-april-2024
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/january-february-2024
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/november-december-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/september-october-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-august-2023
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https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/Jan-feb-2021_nxtbook
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-august-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/march-april-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/january-february-2023
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/november-december-2022
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/september-october-2022
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-august-2022
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https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/november-december-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/sept-oct-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/july-aug-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/may-june-2021
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https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/january-february-2021
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/november-december-2020
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/September-October-2020
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/may-june-2020
https://www.nxtbook.com/dfi/DEEP-FOUNDATIONS/march-april-2020
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