How do you go about getting COVID info in contracts about being held harmless for delays?
1 reply
May 26, 2020
A "no damages for delay" clause will help to insulate you from the cost of delays. Generally, when properly drafted, those clauses will help to avoid damages for just about any delay - including, potentially, coronavirus-related delays.
For extra protection, specifically identifying the potential for covid-related delays (and noting that you must be held harmless for those delays) would be a strong move to ensure you won't be responsible for coronavirus delays. Considering the uncertain landscape moving forward, that's probably a reasonable ask.
Just like any other contract provision, a no damages for delay clause is negotiable. So, ultimately, it will be up to your customers as to whether they'll allow the clause to be included in the contract. Further, the clause should be carefully drafted to cover potential delays relating to coronavirus itself, the effects of government restrictions, covid-related supply chain interruptions, and other variables. For help drafting that clause, a Nevada construction attorney will be extremely valuable.
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