performing in the event that performance is made impossible through a factor beyond your control, one that neither party could have possibly considered,” Murphy said. “I would include this clause because everyone is now trying to use force majeure to excuse delays and non-performance because of labor and materials shortages due to Covid. Since this is a new clause, the courts don’t have a great set of case law to rely on to decide. If I were a contractor, I would make sure that the force majeure clause is in the contract and specifically references Covid. It may be difficult to get into the contract, but it takes out a lot of ambiguity.” The forum selection clause – one that requires any litigation or arbitration pertaining to the construction project to be done within a finite jurisdiction, typically
There are two distinct sets of documents that the construction community owners, general contractors, subcontractors, suppliers and others - may draw upon
wherever the project is located – should be included in any construction contract, according to Murphy. “In the event of
when creating the project contract. One is the American Institute of Architects'
a dispute, the party who’s able to force
contract documents. The other is a set of documents created by 20 organizations
litigation in its home jurisdiction has the
representing all facets of the construction industry and known as ConsensusDocs.
power. The economics are really bad if you
Guarantee CNR Ad Jan-Feb 2021.pdf 1 1/6/2021 12:00:37 PM
PA RT N ER. EN E R G I Z E . D E L I V E R . Team GECO is humbled to be recognized by our construction community.
ctor of the Year
1st Place Winner of the Special 2020 Keystone Award Category for Pandemic Response
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Congratulations to all Keystone Award nominees and recipients!
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