Force Majeure and Covid- take aways and aftermath

wind
We’re updating this blogpost Nov 2023.  We lost 2 contractors to Covid that we have worked with over 20 years. They were part of our working family and still feel their absence. We are faced , like everyone, with choices and consequences. We have found others to help fill the void. We watch and adjust to the post-covid material supply chain hiccups, crazy inflation,  and labor shortages.
We also learned:
  1. we can get by with zoom and other helpful technology platforms to supplant face-to-face meetings.  
  2. Clients may have to be more patient.  Covid affected project delivery , schedule and costs. Duh!
  3. Building departments and other municipal agencies can still operate with a skeleton crew.
  4. There are, and will continue to be, alternative ways to get things done which are refreshing and very helpful.
  5. Contractors have merged and transformed to help one another to get their work done- we should all pay attention to the shape-shifting that can be transformative and healthy.
Force majeure translates literally from French as superior force. In English, the term is often used in line with its literal French meaning, but it has other uses as well, including one that has roots in a principle of French law. In business circles, “force majeure” describes those uncontrollable events (such as war, labor stoppages, or extreme weather) that are not the fault of any party and that make it difficult or impossible to carry out normal business. A company may insert a force majeure clause into a contract to absolve itself from liability in the event it cannot fulfill the terms of a contract (or if attempting to do so will result in loss or damage of goods) for reasons beyond its control.  (Thank you Merriam Webster online dictionary)
How about post -Covid ? 
Though we are not lawyers, that situation seems as it would qualify  (please check with your lawyer as it relates to your situation).  I’ll limit this post to the affect on our projects in the contractual sphere, not the tragic human toll and resulting health and economic consequences….But is it in the contract? Yes, we have included language that addresses the potential effect of Covid, health protocols and future work shut-downs.

Contractor and vendor Delays

However, what about the construction vendors like lumber yards that are shutting down?  It follows that contractors are having a tough time getting materials.  How will this unfold – stay tuned.  This rebound has still not fully gotten back to “normal” . The post pandemic aftermath for contractors, vendors and related professionals threw many into into bankruptcy and many fluorished- since many clients had spare money that they did not spend during the Pandemic.  https://www.constructiondive.com/news/6-ways-the-coronavirus-outbreak-will-affect-construction/574042/
Municipal Delays
Most building departments and governmental agencies worked in a reduced capacity and inspections are still slow- creating more havoc and likely price increases.
Additionally
Many municipal boards (i.e. Zoning Board of Appeals)  were not holding as many meetings, changing formats to zoom platforms -which is another whole debacle or delaying meetings and hearings until social distancing requirements have changed….
As a member of the Rye Planning Commission, we had alternating in-person and virtual Zoom meetings in in response to the ever-changing stages of Covid,
While we all want to move on from that awful time, there are some lessons to pay attention to.

tug of war aftermath

Scroll to Top