travel restrictions that may impede the ability of personnel
and specialized technical advisors of making site visits?
Contracts in a post-COVID-19 era should, to the extent
possible, specify whether some or all of the above are eligible
for compensation, and should be clear as to what the known
impacts are and whether they are addressed in the baseline
construction schedule and contract price, or if they will be
addressed as a change order during performance of the work.
It’s expected significant care will be taken to ensure clauses
provide the intended relief for any anticipated implications.
Contracting in a post-COVID-19 world is further complicated
by the fact that there are many unknown elements that
parties may want to address, such as the possible effects from
subsequent waves or new laws or regulations that may come
up. In many cases, the parties may want to agree to share
the costs or to establish a contingency allowance to deal
with unknown (or known, but not yet quantified) pandemicrelated
risks.
What are the notice requirements? Under a typical force
majeure clause, there is usually an obligation to provide
Fraser River Pile & Dredge (GP) Inc.
As Canada’s largest Marine Construction, Land Foundations and Dredging contractor, FRPD is a recognized
leader that employs state of the art methods and equipment. FRPD’s versatile fleet is ready to complete all
scope and size Marine Construction, Environmental Remediation, Dredging and Land Foundation
projects. Established in 1911 as Fraser River Pile Driving Company and incorporated in 2008 as Fraser River
Pile & Dredge (GP) Inc., FRPD’s team of highly skilled professionals brings more than 100 years of experience
and commitment to exceeding expectations.
1830 River Drive, New Westminster, B.C. V3M 2A8
Phone: 604-522-7971 (24/7)
www.frpd.com info@frpd.com
LEGAL
CONTINUED ON PAGE 53
KHONGKITWIRIYACHAN/123RF
A flood of project
disputes relating
to delays, cost
overruns and
other COVID-19-
related claims is
inevitable.
50 Q4 2020 www.pilingcanada.ca
/profile_khongkitwiriyachan
/www.frpd.com
/www.pilingcanada.ca
link
