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COVID-19 - Present and Future Legal Impacts on the Construction Industry


Level: Beginner
Runtime: 64 minutes
Recorded Date: December 14, 2021
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Agenda

  • Dealing with known impacts
  • Coexisting with COVID-19 in the long term - what is here to stay?
  • Secondary impacts/challenges going forward
Runtime: 1 hour, 4 minutes
Recorded: December 15, 2021

For NY - Difficulty Level: For Newly Admitted attorneys (transitional)

Description

The construction industry focus has shifted in large part away from identifying what the impacts will be, to how to deal with those impacts in terms of documenting their occurrence and measuring their impact. The duration of the COVID-19 impacts, in some instances spanning nearly the entire project lifecycle, have added the related challenge of segregating COVID-19 impacts from other impacts that occurred simultaneously.

The nature of the COVID-19 pandemic has developed into more of a lingering condition than a defined event. Additionally, the trajectory of impacts has to date proven to be unpredictable with multiple waves of surging local and regional cases resulting in impacts that are not consistent across time or locations. As a result, industry focus has also shifted toward coexisting with the pandemic through the refinement of revised work procedures that mitigate the risks and impacts of COVID-19 in a manner that can be maintained in the long term as well as strategies to address COVID-19 (and other similar events) in future contracts.

As global economies and industries try to get back to business, a series of secondary impacts have emerged, which may or may not be a direct result of the COVID-19 pandemic. Among these issues are price escalation, delays and shortages across the supply chain and workforce availability. Ascertaining the extent to which these secondary impacts and risks are a result of the COVID-19 pandemic, if at all, may have major implications for all parties involved.

The majority of COVID-19 specific disputes in the construction industry have ended in amicable settlement, however, many such disputes may still be wrapped up in on-going projects with potential formal proceedings yet to occur. Additionally, as a result of the duration of the COVID-19 pandemic most disputes on projects that were on-going at the start of the pandemic (early 2020) include some aspects of COVID-19 impacts. A recent court ruling in Ontario Canada that may provide some useful insight for consideration in the development of COVID-19 related claim resolution strategies going forward. In this seminarthe panel will discuss legal and technical aspects of the above- noted events, share their respective experience and discuss considerations going forward.

This program was recorded on December 14th, 2021.

Provided By

American Bar Association
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Panelists

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Shawn Modar

Managing Director
FTI Consulting

Shawn Modar has 20 years of experience in the engineering and construction industry, with the majority of that time being focused on construction claim analysis and dispute resolution. Mr. Modar draws on his experience in the areas of claim analysis and dispute resolution to assist contractors, subcontractors, and owners throughout the project lifecycle. His primary focus is assisting clients in their efforts to substantiate or defend against claims for the recovery of time and additional costs, avoid formal disputes, and make informed decisions that result in equitable resolutions.

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Ali Al-Ahmad

Managing Director
FTI Consulting

Ali Al-Ahmad specializes in assessing delay and disruption on major construction projects. Mr. Al-Ahmad has been retained by legal counsel to provide independent expert opinion on matters of delay and damages in the context of litigation and arbitration proceedings. He also assists owners, contractors and other contracting parties on ongoing projects with project scheduling, contract administration and other commercial support services. His experience has spanned a variety of projects including highways, bridges, light rail transit, hospitals, airports, mines, oil refineries and hydroelectric generating stations.

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Andrea Lee

Partner
Glaholt Bowles

Andrea Lee is certified as a specialist in construction law by the Law Society of Ontario and a partner of GlaholtBowles LLP. Andrea is a Fellow of the Canadian College of Construction Lawyers and past Chair of the OBA, Construction and Infrastructure Law Section. Andrea assists clients with complex construction disputes and advises on risk management through construction and design contracts. Andrea teaches construction law at Queen's University and with Osgoode's LL.M program. She has been recognized by Best Lawyers, Lexpert, Who’s Who Legal and Benchmark Litigation and was awarded Lexology’sClient Choice Award, Construction Canada 2021.

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Brian R. Gaudet

Partner
Kilpatrick, Townsend & Stockton, LLP

Brian Gaudet’s practice encompasses all aspects of the project and construction cycle from contract document preparation, review and negotiation to litigation and dispute resolution of related claims. Brian’s experience in negotiating construction related agreements from the various points of view assists in crafting negotiated contract clauses which require insightfulness and creativity to get the parties past the deal-breaker items. That same insight and experience serves a dual purpose in aiding in effective dispute resolution. Brian is Board Certified in Construction Law by the Texas Board of Legal Specialization. Brian is the Editor of the ABA Section of Litigation, Construction Litigation Committee.


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