time to complete the work and additional
compensation for increased costs.
However, each has its complications.
Regarding time, should a contractor be
allowed additional time for all impacts
or only those that affected the critical
path? Regarding compensation, what
types of costs are compensable? Are
PPE and additional rental equipment or
additional labour costs for extra cleaning
included? What about productivity
impacts from performing work in a
more physically distanced way and the
indirect costs that may flow from the
extension to the construction schedule?
What about supply chain impacts that
can have knock-on effects on other
aspects of work, and travel restrictions
that may impede the ability of personnel
and specialized technical advisors of
making site visits?
Contracts in a post-COVID-19 era
should, to the extent possible, specify
whether some or all of the above are
eligible for compensation, and should
be clear as to what the known impacts
are and whether they are addressed
in the baseline construction schedule
and contract price, or if they will be
C O N S T R U C T I O N L AW
addressed as a change order during
performance of the work. It’s expected
significant care will be taken to
ensure clauses provide the intended
relief for any anticipated implications.
Contracting in a post-COVID-19 world
is further complicated by the fact that
there are many unknown elements that
parties may want to address, such as the
possible effects from subsequent waves
ALBERTA HEAVY Quarter 1 2021 43