Owner’s who demand the highest standards of care and want to attract the best Suppliers are best served by more balanced contracts
Material volatility coupled with ever increasing labor costs, have made navigating the current market extremely difficult.
Extending payment terms is not without consequence and we must be informed on these risks in order to make a sound decision.
The following content was originally published July 2021 on IBM’s Category Newsletter. The Post-COVID Office – Our New Normal By Olivia L’Heureux Category Manager – Facilities With light at the end of the quarantine, Companies are preparing to bring worker’s back to the office. Offices are being reconfigured to promote new safety protocols and make…
As we continue our recovery from the impacts of the pandemic, inflation rates across the globe are on the rise.
I wanted to take a moment to share an update and a little about my blogging plans for this year.
General Contractor should not rely on the Owner’s contract to define the terms and obligations between the Contractor and his subcontractors. Rather, the GC should specifically state any and all of their sub-contractor terms (including payment obligations) independently of the Owner’s obligations to the GC. The Contractor should adhere to those terms independent of what may or may not be happening between the Contractor and the Owner.
In the midst of the COVID-19 pandemic, the effects of mass quarantines around the world has created a great deal of uncertainty. The decision by many of the World’s largest Companies to permanently work from home, has left Landlords holding their breath as they wait to see what the market does.
Typically I try to announce speaking engagements in advance, but as you know, I’ve been a little off from my normal routines lately.
Regardless, I recently participate in a virtual event hosted by Worldwide Business Research (WBR) creators of the ProcureCon series.
The event was hosted and moderated by Ryan Kulp (Program Director for ProcureCon Facilities). The three hour event included panel discussions, presentations, and fireside chats with 9 leaders in Facilities Procurement.
The segment I participated in was a fireside chat between Ryan, myself and my friend and colleague Michael Beauregard.
You might have noticed that I missed a few postings over the last few weeks. My last post published 3 weeks prior to my sitting down to write this post.
Don’t worry, I have not been exposed to Corona Virus. My lapse in activity is attributable to being too busy with work combined with a temporary lack of motivation.
In a previous post I shared how the beginning of this year started with several hot projects. Despite the impact of the Corona Virus, none of those projects have slowed down. That together with a flurry of other activity has made it very difficult for me to find time to write.
In an article posted on Lexology by the law firm of Gordon Rees Scully Mansukhani, Brenda Radmacher a partner and construction law expert writes about the new jobsite safety measures that Companies will have to observe in light of COVID-19.
Radmacher does a great job of identifying the new norms, both on and off the jobsite, Workers will need to observe in order to avoid spreading the disease.
Some of these new norms are common widespread recommendations such as washing hands and observing social distancing, but some are very specific to construction and some are likely to impact costs and schedules.
I recommend reading Radmacher’s article, but I wanted to address a few specific recommendations.
A couple of weeks ago, I published an article discussing some of the additional costs Owners might see in the wake of the global CoronaVirus outbreak and government ordered quarantine.
In that article, I made the statement, “Contractually, this event falls under the Force Majeure clause…”
While I still believe that the COVID-19 epidemic meets the definition and the intention of a Force Majeure clause, I recently read several articles that further refine my understanding of Force Majeure and how it can be applied.
As with any article where I address legal terms, such as Force Majeure, I defer 100% to professional legal advice and recommend you contact an attorney to discuss your specific circumstances before you take any action.
That advice notwithstanding, I did want to share with you some interesting points of view.