Yesterday, MDOT issued their “COVID-19 Construction Contract Administration Guidance” that was intended to help prime contractors understand how they may react and proceed when there are project specific COVID-19 concerns and impacts.
The MDOT guidance was directed at two distinct prime contractor groups, those who choose to, or need to suspend their work operations due to the effects of the COVID-19 crisis, and those who continue their work operations, but may experience critical path/progress schedule impacts, due to their efforts to implement COVID-19 safety measures. For both groups, the guidance did indicate that MDOT would recognize and consider these delays (due to work suspension or schedule impacts) as non-compensable, but excusable, per subsections 108.08 and 108.08.C.5 of the Standard Specifications for Construction. As an excusable delay under subsection 108.08 of the Standard Specifications for Construction, MDOT will grant time extensions without the assessment of liquidated damages.
This bulletin is intended to provide further MITA guidance to our prime contractors in those two contractor groups.
Prime Contractor Who Chooses or Needs to Suspend Work
For a prime contractor who chooses or needs to suspend their work operations due to the effects of COVID-19 (i.e. employee safety, labor forces shortages, supply chain challenges, PPE availability, etc.), we suggest the following:
- Communicate with the Engineer to let them know of your intent to suspend your work operations due to the effects of COVID-19.
- Conduct a job site “walk around” with the Engineer to document and agree on job site order (equipment and material storage, protection of work, etc.) such that it is in accordance with the Standard Specifications for Construction.
- Conduct a work zone “traffic control review” with the Engineer to document and agree on the work zone traffic control that will be maintained to provide safe public travel during the suspension of work in accordance with the Standard Specifications for Construction.
- Verify “on call” staff contact information with the Engineer to maintain active communications during the suspension of work, and to respond to emergency situations in accordance with the Standard Specifications for Construction.
- Submit written notification of your suspension of the work operations due to the effects of COVID-19 to the Engineer in accordance with the subsection 104.07 of the Standard Specifications for Construction. Click here for a sample notification letter.
- When the project delay due to the effects of the COVID-19 has ended, submit an updated progress schedule to the Engineer for approval in accordance with subsection 108.05.A.3 of the Standard Specifications for Construction or an applicable Special Provision in your contract. The MDOT guidance notes that when planning work resumption (i.e. revising the progress schedule) seasonal considerations and availability of labor and materials to productively execute the project should be taken into account.
- Submit your request for an extension of contract time in accordance with subsection 108.09 of the Standard Specifications for Construction or an applicable Special Provision in your contract.
Contractors Who Continue Work Operations
For a prime contractor who continues their work operations, but has critical path/progress schedule impacts (delay) due to their reasonable efforts to implement COVID-19 safety measures (i.e. reduced crew size, delayed operations, decreased productivity, etc.), we suggest the following:
- Notify the Engineer in writing that your critical path/progress schedule has been impacted by your reasonable efforts to implement COVID-19 safety measures. Your notice should include a description of why and/or how the implementation of those COVID-19 safety measures are impacting your controlling operation(s) of work. Click here for a sample notification letter.
- When the schedule delay(s) due to your reasonable efforts to implement COVID-19 safety measures has ended, submit an updated progress schedule to the Engineer for approval in accordance with subsection 108.05.A.3 of the Standard Specifications for Construction or an applicable Special Provision in your contract.
- Submit your request for an extension of contract time in accordance with subsection 108.09 of the Standard Specifications for Construction or an applicable Special Provision in your contract.
If you have any questions, please contact Glenn Bukoski, VP of Engineering Services, at glennbukoski@thinkmita.org, or Rachelle VanDeventer, VP of Industry Relations, at rachellevandeventer@thinkmita.org.
