b'COVID-19PROGRESS ON COVID CONTRACT CLAIMSJOINT RESOLUTION IS KEY TO RESOLVING CLAIMS ARISING FROM THE PANDEMIC By Warren HeeleyINDUSTRY EXPERTS PREDICTEDThe essential issue to be resolved is howUnder Canadian Construction that construction claimsto assess responsibility for claims whenDocuments Committee (CCDC) standard associated with the jobsite shutdownsthe cause was government emergencycontract documents, claimants during the COVID-19 pandemic wouldorders in response to the pandemic.are arguing that a stop work order take up to five years to be resolved.From the discussion at the Membersfrom government should allow for On May 5, at the TCA Members Day, aDay forum, courts typically revert to thecompensation for contractors. However, virtual experts forum was held to look atproject contract wording in reviewingthe stop work order clause has in the the process for COVID-19 claims and theclaims. However, the wild cards inpast only been applied when building strategies that contractors should use tothis process are the unique aspect ofinspectors issue stop work orders.optimize their chances of succeeding ingovernment intervention causing jobsites this process. to close and the question of whether theAnother argument that is being put As we follow the progress on this issue,courts will consider this matter in before the courts concerns the change the reoccurring concern amongst allclaim judgments. of law clause in the CCDC documents. parties involved in these claims isThe claimants feel the emergency uncertainty of the future. An event likeApproaches being pursued have topandemic provisions put in place by the pandemic was not considered in thedo with stop work orders and changegovernments constitute a change of language of virtually any constructionin law provisions because the worklaw, said Glenn Ackerley of WeirFoulds contracts signed before March 2020.stoppages were by order of government,LLP. This provision indicates that As a result, recovery of higher costsnot because of the pandemic, said Johnany changes in law that add costs associated with issues such asMollenhauer president and CEO of TCA.after the start of a project allows for productivity losses, higher material costsThese issues need to be looked at bycompensation to parties such as and missed deadlines is in limbo to acontractors as a part of their contractors. Unfortunately, at this point great extent from a legal standpoint. claims strategies. in time, the courts have not ruled on the 20Quarter 32021 BUILDERSDIGEST'