b'COVID-19legality of the stop work order or changeNew contracts are including COVIDpandemic on construction contracts. The of law arguments. clauses that clarify what happens inmore predominant approach to resolve the case of an event like COVID andclaims is face-to-face meetings between Ackerley went on to say that the biggestcontractors are being requested tothe parties and, where needed, the use challenge for claims is assembling theinclude additional costs into their bids,of an arbitrator or mediator.correct documentation in support of theindicated Ackerley. There has been request and specifically documentingsome pushback from contractors inContractors must learn what to focus on productivity losses. This documentationthis area when owners are asking forto make the claims process work, noted should be as detailed as possible andcontractors to take responsibility for subsMollenhauer. Court action should be a contractors need to know the terms ofworking in accordance with COVID rules. last resort. Get together with owners and their contracts to ensure notice andwork towards a resolution that openly procedural clauses in the contract areThe bottom line is that the courts for nowreviews all of the data available and met. A properly documented claim thatare not providing definitive direction totakes into account the interests ofis court ready will also serve as a goodclaimants concerning the effect of theboth parties. foundation for negotiating with owners and avoiding the need for court action.UNCERTAIN FUTURE Uncertainty of the future is also causingchallenges for new tenders. Material costs are changing rapidly while time frames for awarding contracts are unusually slow. Contractors are feeling the pressure from two directions, stated Mollenhauer. Tenders take longer to beawarded while prices change and the bid quickly loses any staying power inthe market. It is very hard to find a clean bid without conditions that typically add more risk to the contractor. Uncertainty is creating impossible circumstances for both owners and contractors with no easy solutions.THE CENTRAL ONTARIO BUILDING TRADES & OUR AFFILIATES:The Central Ontario Building Trades & Our Affiliates: Ackerley agrees and pointed to theProud Creators of the Hammer Heads Program uncertainty around the rights of theProud Creators of the parties under contract because of theHammer Heads is a 12 week comprehensive bootcamp-style program that exposes youth unusual circumstances of the pandemic.Hammer Heads Programages 1826 to a variety of construction trades, ensuring they have the necessary social and This uncertainty has led claimants inprofessional skills to successfully obtain a rewarding full-time career as a registered many cases to avoid the courts unlessapprentice. this path is the only option. More andHammer Heads is a 12 week comprehensive To learn mTohree C oern atrpapl lyO,n vtiasritio u sB uaitl:d winwg wTr.hadamesm &e Orhuera Adfsfpilriaotgersa:m.com more, claimants and owners are sittingbootcamp-style program that exposes youth ages 1826 Proud Creators of the Hammer Heads Program down together to work through andto a variety of construction trades, ensuring they haveresolve claims to the satisfaction of boththe necessary social and professional skills to successfully Hammer Heads is a 12 week comprehensive bootcamp-style program that exposes youth parties. This method of resolution isobtain a rewarding full-time career as a registered happening more with COVID claims thanages 1826 to a variety of construction trades, ensuring they have the necessary social and apprentice. professional skills to successfully obtain a rewarding full-time career as a registered in any other disputes over constructionapprentice. contracts because both partiesTo learn more or apply, visit us at hammerheadsprogram.comrecognize that the problems to resolveTo learn more or apply, visit us at: www.hammerheadsprogram.com are no ones fault, he said. One other new frontier concern is emerging as the pandemic progresses: vaccine policies for construction jobsites. There are already instances where general contractors (GCs) are imposing mandatory vaccine requirements, and questions arise whether GCs can legally impose vaccine policies for the trades. This is another situation where legal interpretation or discussion between the parties will be needed to reach an equitable solution.BUILDERSDIGEST Quarter 3 202121'