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PARTNERING


Using Partnering to Facilitate Project Success, Even During a Global Pandemic


By Sam Hassoun, P.E., GLA Corp.


public works agencies, and it often is mandatory on projects over $10 million. What started originally by the


F


U.S. Army Corps of Engineers – as an alternative dispute-resolution tool to arbitrations, litigations and courts with great measurable success – has become a one-size-fits-all approach for many heavy civil and other types of construction contracts. It is part of an effort to proactively (and early on) establish a good working relationship between the owner and the contractor team members and help them agree on


construction professionals should look to their commercial leases to analyze whether any rent relief may be owed for COVID-19 related issues. Force majeure clauses are once


again likely to be front and center in the analysis. Additional issues will also likely center around whether the premises are habitable, accessible and/ or condemned. Te parties will also need to consider whether government action prevented access to the premises and whether the landlord continued to provide essential services required by the lease.


6. Open a Line of Communication with Construction Lenders


Similar to the lease review,


construction professionals should open a line of communication with any construction lenders to inquire about options with respect to any construction related loans. Lenders


www.AGC-CA.org


or over three decades now, partnering has appeared in the contract specifications of many


common project goals that all stakeholders can commit to and work towards achieving. Tose common


project goals – safety, on time, within budget and quality – have become almost a template for partnering on projects. Effective communication through partnering and deployment of Dispute Review Boards are some of the tools utilized to achieve the outcomes every project aims for from the start.


Top Goal: Safety Safety has been and continues to be


the number one goal for every project. Advancements in training, personal


may be willing, if not required, to offer deferments or other relief that may assist in weathering the storm.


7. Consider Government Assistance


At the time of this publication the


Senate had just passed a $2 trillion economic stimulus package designed to assist those impacted by COVID-19. Even if companies are unable to obtain insurance coverage or other relief, there may be opportunities for recovery from government funding. Requirements for recovery were not


yet clear. Te requirements for making a claim will likely be similar to the requirements for making an insurance claim, so much of the information should already be readily available. As with insurance claims, well- documented government claims are likely to receive priority. Te COVID-19 pandemic will pass, and the construction industry


protection equipment and proactive safety tailgate meetings have contributed greatly to the culture and non-compromising expectation that everyone on the project deserves to return home safely to their families and loved ones.


Tis vital, focused and measurable goal has brought


project stakeholders together and has become the bedrock of the project relationship upon which all other partnering goals are built. Te strengths and weaknesses of those relationships will never be more exposed than during an emergency. Safety training and practices are designed to prevent accidents and to


Continued on page 18


will survive. Te key to navigating the crisis as effectively as possible is to get out in front of the foregoing issues and be in the best possible position to 1) maximize potential recoveries from insurance policies and/or government relief programs; 2) mitigate any potential damages; 3) protect employees and limit exposure to employee claims; 4) document potential claims and damages; and 5) minimize overhead. Do not be afraid to lean on your


legal, financial and other professional partners during these trying times as they are uniquely suited to assist with weathering the storm. 


Jason M. Adams, Esq. (jadams@


gibbsgiden.com) is a partner at Gibbs Giden representing construction profes- sionals in the areas of construction law, insurance law and risk management and business/civil litigation.


Associated General Contractors of California 17


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