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Attorney William Thomas was interviewed by Construction Dive on the matter.

In late 2019 and early 2020, no one could predict the rise and spread of COVID-19 or its lasting impacts that are still seen today. It has affected all aspects of life, from social gatherings to work days. Now that we’re two years into the pandemic, we’ve figured out what to expect from the virus, and we’re tired.

A term often appearing in construction contracts is “force majeure,” which provides conditions excusing a party from upholding their end of the bargain. The reasons vary from unforeseeable events that could occur during the project, and in the early days of the pandemic, contractors cited COVID-19 for delays.

Project owners and developers are increasingly pushing back against use of force majeure language due to COVID-19. In fact, a recent decision made by the Government Accountability Office (GAO) determined a bid was properly rejected for including an expansive COVID-19 clause.

COVID-19 based force majeure claims are beginning to fall in disfavor throughout the construction sector, according to attorney Bill Thomas in a recent interview by Construction Dive. To learn about his expert opinion and advice for contractors and owners, click or tap the button below!

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