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Coronavirus Impact on Construction Contracts


Coronavirus Impact on Construction Contracts!

Contractor Rights • Owner Rights • Time Extensions • Lost Productivity

Public Contracts - Government Procurement Policies

Recorded Wed, March 25, 2020
Download now available.

Presented by:
Shelly Ewald, Watt Tieder,

John Livengood, Ankura

Joe McManus, Carlton Fields

Private Contracts - AIA, ConsensusDocs and DBIA

Friday, April 3, 2020
1:00 - 2:30 PM EDT

Presented by:
Robynne Thaxton, Thaxton Parkinson,

Brian Perlberg, AGC

Jonathan Pray, Brownstein Hyatt

Farber Schreck

While we hope the pandemic dies down quickly, the industry is drifting into the choppy seas of Force Majeure situations. There are multiple questions on everyone's mind, both for contracts underway as well as contracts not yet awarded or signed.

In any force majeure situation, there are numerous possible effects on a project, as well as resulting time and cost impacts. There are major open questions about how to handle these situations and what actions contractors and owners should take. Mitigation steps are universally paramount, but what are the cost and time recovery remedies that may be available?

The exclusive pair of live webinars by recognized experts in the field will review the various scenarios and questions about how the Coronavirus might affect your construction projects, including…

  1. No effect on project – i.e., remote site, no one’s traveled to the site in the past few months.
  2. No effect on project personnel, but possible delays to supplies and materials; not yet determined if critical path delays or not. May or may not have price escalations.
  3. Minor effect – some individuals, or even trades, don’t show up for work. Possible productivity issues.
  4. Major effect – individuals and/or trades not able to work – critical path delays expected.
  5. Project shutdown due to government mandates to stay home (constructive suspension).
  6. Project shutdown due to owner-directed shutdown. (Directed suspension of work of unknown duration. Possibly compensable?)
  7. Other scenarios – existing or new delays – will Coronavirus serve the purpose of concurrent delay to relieve either LDs or deny contractor of compensable delay.

In addition, there are other practical considerations that need to be addressed, including...

  1. Review steps to take immediately to mitigate impacts.
  2. Learn who's going to pay your employees.
  3. Determine when/how do give notice of delay. What should it say?
  4. Consider if you should show delay on the critical path. If submitting monthly CPM updates, how should Covad-19 be shown in the schedule?
  5. Understand how to account for actual or potential productivity slowdowns in the schedule.
  6. Be prepared to deal with contracts currently or soon-to-be bid, negotiated, awarded or awaiting notice to proceed.


Shelly Ewald, Partner, Watt Tieder, focuses on international and domestic construction contracting and federal government contracts. She represents contractors and owners on a range of industrial and commercial projects including power plants, hydrocarbon projects, petrochemical refineries, mass transit systems, historic renovation projects and commercial office buildings. She also represents government contractors in federal, state and local protests and appeals for the construction, information technology and telecommunications industry. Shelly was recently elected as the Treasurer of the American College of Construction Lawyers and teaches international arbitration and government contracts at local DC area law schools.

John Livengood, Esq., AIA, FAACE, Senior Managing Director with Ankura Consulting Group, is an experienced claims expert with more than 40 years of construction related experience. He is a registered architect and an attorney experienced in construction litigation, project management, design analysis, and document preparation. He has worked on a variety of projects that include infrastructure projects of all types, including rail and rapid transit facilities, airfields and air terminals, railroad stations, solar projects, high-power lines, industrial, chemical and petro-chemical facilities, power plants, wastewater treatment plants, roadways, bridges, office buildings, sports stadiums, warehouses, educational institutions, hospitals, correctional facilities, military bases, environmental remediation projects, and microwave communication facilities as well as residential projects of all sizes.

Joseph McManus, Jr., Shareholder, Carlton Fields, focuses his practice on government contracting, construction litigation and dispute resolution. With more than 40 years of experience in federal government contracts, Joe is intimately familiar with the federal statutes, regulations and agency supplements unique to government supply, service and construction contracts. As a JAG Captain in the US Air Force, he was assigned to the Armed Services Board of Contract Appeals. Cases handled range from the 680 series nuclear submarines construction, to base housing, air separation plants, and 50 caliber machine gun bullet contracts. He is past President of the American College of Construction Lawyers and Fellow in the Chartered Institute of Arbitrators.

Robynne Thaxton, JD, FDBIA Robynne is an attorney and consultant with Thaxton Parkinson PLLC. She served for seven years on the National Board of Directors of the Design-Build Institute of America and has been on the DBIA Northwest Region Board since 2004. She has been active on the DBIA Contracts Committee that drafts and revises DBIA’s form documents since 2008 and is the primary author of the DBIA Form RFQ and RFP as well as the DBIA Teaming Agreement. She is a member of the Washington State Capital Projects Advisory Review Board and is a Fellow of DBIA’s Designated Design-Build professionals. Robynne primarily represents public owners in drafting their procurement documents and contracts for design-build projects. Her clients include states, universities, municipalities, public utility districts, airports, and federal entities.

Brian Perlberg, Senior Counsel for construction law & contract documents at The Associated General Contractors (AGC) of America, Inc., he serves as AGC’s lead in-house attorney for construction law and contract matters. He also serves as the executive director & counsel for ConsensusDocs, a coalition of 40+ construction organizations dedicated to drafting best practice construction contracts. Brian serves on the ABA Forum on the Construction Industry Steering Committee for the Contract Documents, National Construction Dispute Resolution Committee of the Arbitration Association of America, the Advisory Board to Construction SuperConference and WPL Publishing.

Jonathan Pray, Shareholder and Deputy General Counsel with Brownstein Hyatt Farber Schreck, LLP, regularly advises clients on the drafting and negotiation of construction contracts for public and private projects and provides advice to project participants over the course of construction — all with the goal of helping his clients resolve disputes and avoid litigation altogether.

Gather your team for maximum benefit -- Perfect Training Opportunity!

Your investment is for one dial-in. There is no limit to the number of participants at your location. Don't miss out on the must-have information that will be presented.

In addition, a 15-to-20 minute period has been reserved at the end of the presentation for an interactive question-and-answer session so you can discuss specific issues or gain additional knowledge about topics discussed.


Individual sessions $199 each. Series Registration Fee: $299. Fee includes a post-webinar link to download a recording of the event in case attendee is unable to attend the live session or t need to share with other employees.

Series registrants will receive a link to download the first session.

Select one or both events. The discounted fee for both is $299 and will be applied automatically on checkout when you select both.

Bundled Products

Public Contracts - Government Procurement Policies


This is a virtual event, accessible online and over the phone. Access instructions will be provided after registration.
Item price: $199.00 Select item
Private Contracts -- AIA, ConsensusDocs and DBIA

Date / Time


This is a virtual event, accessible online and over the phone. Access instructions will be provided after registration.
Item price: $199.00 Select item
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