Post-Pandemic Construction Claim Planning⁠—A Practical Approach

The COVID-19 pandemic is having a profound impact on construction projects across Canada causing delays, lost productivity, increased costs and lost profits. To mitigate the impact of these risks, it is imperative that parties across the contractual chain implement proactive identification and management steps. Below is a high-level overview of the most common types of claims expected as a result of the pandemic, and practical considerations for mitigating these risks.

Overview of Pandemic Impacts on Construction Projects

Examples of pandemic related contractor claims and issues include:

1. Force Majeure: During the early stages of the pandemic, force majeure notices were issued by owners, contractors and suppliers throughout the construction industry. While many of these claims have merit, many were issued carelessly and without sufficient consideration of how the pandemic actually prevented performance of specific contractual obligations. Unfortunately,