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ARTICLE · 21 APRIL 2020

Important Clauses In Construction Contracts In Light Of COVID-19

Miller Thomson
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he arrival of the full effects of COVID-19 to North America has provided a sobering reminder of why certain provisions are included in construction contracts.

CanadaCoronavirus (COVID-19)
Leanna Olson
Leanna Olson
John-David D'Souza
John-David D'Souza
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The arrival of the full effects of COVID-19 to North America has provided a sobering reminder of why certain provisions are included in construction contracts. These provisions may not be ones that parties would focus on in ordinary times (as discussed in our last article); however, these are not ordinary times. This article discusses the force majeure, pay when paid and termination provisions commonly seen in construction contracts and provides some insight into what they can mean for your project when faced with the effects of the current pandemic.

1. Force majeure

Most construction contracts have a force majeure clause. Force majeure clauses were discussed generally in our Miller Thomson post " Coronavirus (COVID-19): Implications on performance under commercial contracts", as well as the related considerations of Impossibility and Frustration.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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