Contractor's Guide to Mitigating COVID19 Risks in the AIA A2012017 Contract Document

The AIA A2012017 General Conditions of the Contract for Construction is the most widely used contract in the United States for designbuild, designbidbuild, and constructionmanagement projects. Although the document predates the COVID19 pandemic, its clauses on Force Majeure, Contractors Responsibility for Safety, and Delay and Disruption provide a framework for addressing pandemicrelated risks. This guide summarizes the key provisions, explains how they can be interpreted in a COVID19 context, and offers practical steps contractors can take to protect their projects, budgets, and personnel.

1. Understanding the Core AIA A201 Clauses That Relate to Pandemic Risks

1.1. Force Majeure (Article 12)

Force majeure is defined as any act of God, labor disturbance, fire, explosion, flood, war, or other causes beyond the control of the parties. The pandemic fits the act of God description, but successful reliance on this clause requires proof that the contractor could not have reasonably anticipated or avoided the impact.

1.2. Contractors Responsibility for Safety (Article 22)

The contractor is required to provide a safe workplace, complying with OSHA standards and any local health regulations. During a pandemic, this means implementing healthscreening protocols, PPE programs, and socialdistancing measures that go beyond ordinary construction safety plans.

1.3. Delay and Disruption (Article 413)

Delays caused by unforeseeable conditions may be compensated if the contractor notifies the architect promptly and cooperates in developing a revised schedule. COVID19 related shutdowns, supplychain interruptions, or labor shortages can be argued as unforeseeable, provided the contractor documents the events thoroughly.

2. Practical Steps for Contractors

2.1. Early Risk Assessment

• Identify Critical Path Activities: Map which tasks are most vulnerable to interruption (e.g., deliveries of specialty materials, laborintensive trades).
• Develop a COVID19 Impact Matrix: Rate each activity on likelihood of disruption and potential cost impact.
• Engage Legal Counsel Early: Review the specific language of the A2012017 contract and any supplemental provisions to understand the risk allocation.

2.2. Formalize HealthSafety Protocols

• Adopt a written COVID19 Safety Plan that references OSHAs COVID19 Guidance for Construction and CDC recommendations.
• Designate a Safety Officer responsible for daily health screenings, contact tracing, and PPE inventory control.
• Integrate the plan into the contracts Safety and Health requirements, ensuring the architects approval where required.

2.3. Communication and Documentation

• Issue a Notice of Potential Delay as soon as a pandemicrelated event emerges (Article 413 requires prompt notice).
• Maintain a detailed log of all disruptions: dates, affected trades, material shortages, and mitigation actions attempted.
• Submit revised schedules with LevelOne and LevelTwo contingency buffers clearly identified.

2.4. Procurement Strategies

• Prefer local or regional suppliers with proven resilience to global shipping delays.
• Negotiate force majeure clauses in subcontracts that expressly reference pandemics, shifting some risk downstream.
• Consider justintime delivery alternatives where feasible, but retain a small onsite inventory of critical items.

2.5. Labor Management

• Crosstrain crews to enable flexibility when specific trades face absenteeism.
• Use temporary staffing agencies that can provide vetted workers meeting healthscreen criteria.
• Explore alternate workshift schedules (e.g., staggered shifts) to reduce onsite density.

3. Contractual Remedies and Negotiation Tips

3.1. Claim Preparation

When preparing a claim for pandemicrelated delay:

• Reference the exact language of Article 413 and any supplemental provisions that support compensation.
• Attach the healthsafety plan, daily logs, and correspondence with the architect or owner indicating the impact.
• Quantify both direct costs (e.g., overtime, material price escalation) and indirect costs (e.g., liquidated damages avoidance).

3.2. Negotiating Extensions of Time

Most owners are receptive to extensions if the contractor demonstrates:

• Proactive notice (within the time frames stipulated by the contract).
• A realistic recovery plan that outlines how the critical path will be resequenced.
• Evidence that the contractor took reasonable steps to mitigate the disruption.

3.3. Using Supplemental Agreements

If the original contract language is ambiguous, consider a supplemental agreement that:

• Explicitly defines pandemic as a force majeure event.
• Sets out clear procedures for cost sharing, schedule adjustments, and dispute resolution.
• Allows for incremental payment for additional work when new healthrelated requirements arise.

4. Lessons Learned from EarlyPandemic Projects

• Early Intervention Wins: Projects that issued notices within 57 days of a shutdown were more likely to receive full extensions.
• Collaborative Approach Reduces Claims: Joint COVID19 safety committees comprising the owner, architect, and contractor can resolve issues before they become formal disputes.
• Documented PPE Costs Are Recoverable: Courts have upheld claims for PPE purchases when they were shown to be a direct consequence of the pandemic and not a standard expense.
• SupplyChain Visibility Is Critical: Realtime tracking of material shipments helped contractors renegotiate delivery dates and avoid excusable delay arguments.

5. Key Takeaways for Contractors

• Understand the AIA A2012017 clauses that can be invoked for pandemicrelated events, especially Force Majeure and Delay/Disruption.
• Develop and implement a comprehensive COVID19 safety plan that meets or exceeds local regulatory requirements.
• Notify the architect promptly of any anticipated impact and keep thorough documentation to support future claims.
• Incorporate contingency buffers in scheduling and budgeting, and negotiate supplemental clauses that clarify pandemic responsibilities.
• Maintain open communication with owners, architects, and subcontractors to foster collaboration and minimize disputes.

By aligning contractual awareness with proactive healthsafety measures, contractors can navigate COVID19 challenges while protecting their financial interests and keeping projects on track.

For additional resources, see the AIA Contracts website and the OSHA COVID19 Construction Guidance.