LEGAL NEWS Continued from page 21


force majeure event delayed substantial completion, then it will not be able to make the claim until substantial completion has actually occurred. AIA A201 General Conditions


do not address the issue of additional compensation due to a force majeure delay in completion. In contrast, ConsensusDocs 200 General Condi- tions Section 6.3.1 explicitly identifies only certain causes entitling the constructor to additional compensation for costs incurred due to delays, and therefore excludes other enumerated force majeure events such as epidemics.


Typical Builders Risk Policies A possible source of financial


protection for uncertain events in construction is insurance. Unfortu- nately, typical builders risk insurance policies only cover direct physical loss or damage to the work. Coverage is often expanded to cover business loss and even increases in construction costs, but the covered causes of loss are almost always limited to physical loss. For policies not addressing pandemics, there is now significant controversy whether the physical presence of a virus on building surfaces constitutes physical loss or damage. As the current disruption


continues, a first step in identifying legal implications is to review the agreement(s). For owners, this will be the construction contract, any construction loan agreement and completion guaranties, conditional use and building permits. For contractors, in addition to the owner/contractor agreement, there will be subcontracts and purchase orders. Both owners and contractors


should review builders risk insurance policies, which typically have expiration dates and extensions of such dates may be quite expensive. 


Richard Shapiro is a partner in Farella Braun + Martel’s San Francisco office.


22 July/August 2020


A trainee at work wearing a required mask


COVID-19 DISRUPTION & RESPONSE


Southwest Carpenters Rapidly Adjusts Training Centers to Keep Students Safe By Carol Eaton


The Southwest Carpenters Training Fund (SWCTF) stands out as an AGC of


California trade partner that has rapidly adjusted to the new requirements of COVID-19, quickly instituting new and additional policies and procedures at its training centers to maintain operational safety and support the industry. On March 9, 2020 – a little over a week before the statewide stay at home order


went into effect – the organization implemented an array of changes at all of its facilities with the focus on safeguarding students’ health, safety, and well-being. SWCTF implemented a “Communicable Disease Prevention and Social Distancing Policy,” which applies to all students.


Each training center is adhering to the following:  Practicing social distancing, keeping six feet apart.  Ensuring masks are always worn.  Conducting thermal temperature scans at the start of each training session.


 Limiting the use of the front office and lobbies.  Day porters are present during training sessions and are disinfecting and wiping down all work surface areas and equipment.


 Lunch trucks are not permitted; students are asked to bring meals from home.


 During meal and rest periods, members and staff are reminded to exercise precaution by keeping at least six feet away from others.


 SWCTF limited class sizes to allow for social distancing measures.


“Students are adapting to the


changes and the policies we have enforced,” said Louis Ontiveros,


All students undergo a thermal scan at the facility entrance.


Executive Director of the Southwest Carpenters Training Fund. “Our training centers continue to see growing numbers of indentures and students walking into training before their assigned dates. We believe this may be due to the sense of security they feel while at our facilities.” Added Ontiveros, “Our goal is to continue to


build a bridge to our future, one that stays true to our values and will keep the infrastructure and essential services our families depend on going strong.”


California Constructor


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