b'BENCHMARKS(GC 6.5.2). The third identified sourceincurred quantifiable costs as a resultform of schedule relief, what is the of delay is akin to the traditional forceof the event? length of the schedule extension and, majeure clause and contemplates such4.Avoidance of Impacts andif applicable, what reasonable costs events as fires, labour disputes, unusualare compensable? delay by common carriers or any causeMitigation: Were there alternative beyond the Contractors control othermethods of performing the obligationThe contract, the factual circumstances than one resulting from a default oror of avoiding the impacts? If not,and the balancing of risks between parties breach of Contract by the Contractor aswhat steps to mitigate the impactsare key factors to consider when resolving, a catch-all. In those circumstances, thewere taken? arbitrating or litigating claims involving Contract Time is to be extended. However,5.Schedule Extension and/or Costs: Ifforce majeure or associated delays.the clause provides that the extensionthe claim meets the requirements ofMLT Aikins LLP is ready and able to assist is to be measured by the time lost as aany clauses that might provide somewith all manner of construction claims.result of the event, and the Contractor is not entitled to costs incurred by the delay unless the delay resulted from actions by the Owner or Consultant.After the onset of the pandemic, as a precautionary measure, many contractors distributed standard form letters, giving owners notice of potential yet unknown delays caused by the pandemic, with yet unforeseen consequences. As the potential for devastating pandemic impacts on projects hopefully passes, or has passed by the time you are reading this article, contractors and owners will be left to sort out whether such standard form letters constituted notice of force majeure claims or some other claim under the contract. In the event of any resulting delays to completion, the issue may come up again at the end ofthe project.When either making or receiving a force majeure claim or a claim for delay that has elements of force majeure, owners and contractors should consider:1.The Contract Clauses: Based on areview of the contract as a whole, which clauses in the contract apply? If there is such a clause, does it provide only for an extension of time, or does it also allow for costs? If there is no force majeure clause, are there other notice-of-delay clauses which might apply to the potential claim(s)?2. The Notice: Was timely notice provided, and if so, did it comply with the contract? 204-661-10551820 DeVries Ave.3.Winnipeg, MBThe Particulars: Have sufficient particulars been provided establishing that the event and resulting impact meets the requirements of the clause?PRODUCTS FOR THE INDUSTRYHas the party claiming the relief provided enough detail about how it has been prevented from performingwww.springhilllumber.comits obligations, delayed and/or Issue 2 Summer Edition 2020 BUILD MANITOBA 23'