By David A. Blake | GlobeSt.com
Those entering into new construction contracts should include custom language addressing the parties’ respective rights and responsibilities related to COVID-19. Many articles and webinars have focused on how traditional contract clauses in existing contracts may respond to COVID-19 issues. The fit is not always clear. Some guesswork is involved and creativity is called upon as square pegs are coaxed into round holes. While there is a need to perform that retrospective analysis to assess how COVID-19 issues will play out under existing contracts, there is no need to propagate uncertainty in new contracts. Uncertainty can cause parties to shy away from new contracts or include significant contingencies, neither of which supports an industry trying to recover from the pandemic.
“COVID-19 will undoubtedly cause those who have experienced breach, delay, or other contractual issues to rethink their contracts in the future. However, even those who have been fortunate enough not to have experienced COVID-19 related contract issues first hand should consider prospectively reviewing and updating contracts to rebalance risks in a COVID-19 and post COVID-19 world.”– Dan Gauthier, Rose Law Group Transactional Attorney