Construction Contracting and COVID-19

Construction and real estate litigation counsel Karen Denys and associate Rachael Stack’s client alert, “The Real Estate Finance Journal,” was published in the winter 2021 issue of The Real Estate Finance Journal.

The article outlines key provisions in widely used legal forms and agreements of which parties should be mindful when negotiating construction contracts during both certain and uncertain times. The authors highlight that, as contracts continue to be negotiated during and post-pandemic, project participants should expect to adapt to change and negotiate a compromise to the excused delay and force majeure concepts, including the corresponding relief entitled as a result.