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BLOG / 05.19.20 /

COVID-19: Contractors . . . Get Ready to Get Back to Work

Construction is at the top of the list of the group of industries scheduled to reopen first under Governor Cuomo’s four-phase plan. That is good news for contractors, developers and owners.

To enable a smooth transition back to work, interested parties should consider how an ongoing project may have been affected by the shutdown, and what needs to be done in conjunction with a contractor returning to the job site. For example:

• Site safety and security: Did the contractor properly secure the worksite at the time work stopped? Has the physical site been altered or changed in the interim? Are protective measure in place to enable workers to safely return? Are there OSHA or other new regulations enacted, whether temporary or permanent, which require an evaluation of compliance with site safety conditions?
• Progress: The shutdown has naturally caused a delay in the timeline. Is the substantial completion date altered? Are directives or change orders needed to account for the change in progress dates?
• Workforce: Workers have had their personal and professional lives disrupted by the pandemic. Workers returning to the job site may require onsite testing, social distancing, special protective equipment and other protective measures. . To meet an acceptable progress schedule going forward, the contractor’s ability to provide sufficient manpower should be confirmed.
• Suppliers: New York may be reopening plan at a different pace from other states, or even from different regions within this state . This may affect whether contractors will able to maintain supply lines to furnish materials and equipment for the jobsite on a timely basis.

Webinar of interest: On May 22 at 1 pm, Jacob Amir will present a webinar on key components of the A201 General Conditions, how compliance may have been affected by the shutdown, and what clauses contractors and developers should address in anticipation of the resumption of work. Mandated guidelines and best practice recommendations issued by New York State for the reopening of construction work will also be addressed. A separate invite will be circulated.