COVID-19 Update: How We Are Serving and Protecting Our Clients.

Questions and Answers for Construction Managers / Contractors / Subcontractors

Should I be taking any steps now to protect my rights?

Among other things, you should be reviewing your contract documents to make sure you are giving adequate notice of potential claims for additional time to complete your project and/or additional monies because of increased costs you are incurring. Your claim most likely implicates several provisions of your contract.

If I already know I have a claim against the party I contracted with, what steps should I be taking?

As best as you can, you should be tracking the additional time and additional costs that you are incurring so that you can properly incorporate it into a claim.

Are there any steps I should be taking if my job is shut down?

You should be reviewing your contract documents and coordinate with your contracting party so that proper steps are taken regarding maintenance of the site, site safety and insurance among other issues.

Can I commence a lawsuit or arbitration now regarding any claims?

Almost all courts in New York are still basically closed and not accepting filings of any new legal actions. However, they are slowly reopening and will likely be accepting the filing of new actions in the next few weeks. You should consider preparing a summons and complaint now so that you are ready to file when courts reopen. The American Arbitration Association and similar organizations are generally accepting filings of new cases, but in-person hearings are on hold for now.

If I am about to enter into a new contract should I be taking any special precautions?

As a result of the pandemic it is especially important to review and reach agreement upon several contract provisions including, for example, ones relating to when the work should commence, force majeure, etc.

If you have questions about any of the above, or related issues, please contact Daniel Katz at (212) 684-0300 or daniel@riklawfirm.com.

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