Business Management Draft

Updated January 10, 2022: This bulletin will discuss the basics for effectively implementing and incorporating changes into agreements, and will address how standard contracts, such as the American Institute of Architects (“AIA”) and ConsensusDocs standard form agreements, address project changes.

On September 9, 2021, President Biden signed Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” The Executive Order requires that federal department and agency contracts include a contractual clause forcing all contractors and subcontractors to comply with COVID-19 safety guidance published by the Safer Federal Workforce Task Force (the “Task Force”). 

Updated June 3, 2021. When a contract contains either rewards or penalties for meeting deadlines, force majeure clauses are essential. Otherwise, the contractor will be held accountable for meeting a deadline, even if the delay is caused by forces outside its control.

Updated June 2021. Even in the best of times, material shortages and changing prices are disruptive. Commodities, such as asphalt, copper, steel and other materials are subject to global pressures and price fluctuations. More than ever, contractors need to protect themselves from changes in material prices.

Updated June, 2021. Over the last year, many industries have experienced supply delays and workforce shortages resulting from the spread of COVID-19. The construction industry certainly was not immune to these issues. The current situation serves as a good reminder to review and understand contract provisions that cover unforeseen construction delays.

These FAQs address the Paycheck Protection Program (“PPP”), as recently amended by the American Rescue Plan Act, which was signed into law by the President on March 11, 2021.  These FAQs are based upon the information and guidance issued by the Treasury Department and Small Business Administration as of April 6, 2021.  We will continue to update these FAQs as we receive additional guidance from the SBA and the Treasury Department.   

SMACNA develops safety programs, publications, services and videos to assist members in establishing and managing effective safety programs. SMACNA also communicates with OSHA and other federal agencies on issues affecting members and offers briefings on regulatory compliance issues.

SMACNA developed a plan template that contractors can use to develop or revise a COVID-19 Exposure Prevention, Preparedness, and Response Plan.  

According to recent research, the COVID-19 pandemic has led to an increase in opioid abuse fueled by stress and lack of access to prevention services and support groups due to restrictions on in-person meetings.

Subcontractors, whether they hope to present their own COVID-19 addendum or have recently had a COVID-19 addendum included by a general contractor or owner, should consider this information before signing on the dotted line.