Studying Construction Claims Due to COVID-19 for Road and Highway Projects

Abstract

The COVID-19 pandemic has had a profound impact on the construction industry, the full extent and scope of which are still being felt and evaluated. These impacts came in many forms; chief among them are the practical and legal repercussions of the pandemic that raised the question of who is responsible for the expected delays to construction projects. To that end, the research methodology will include a review of relevant contract clauses as well as a focus on the act of God and force majeure clauses and whether COVID-19 provides contractual protection to contractors under two state agencies’ standard specifications. The essential declaration of construction in Illinois exasperated the legal and contractual questions. Upon examination of both state highway agencies’ specifications, the documents appear to indicate that COVID-19 would be an acceptable trigger under the act of God clause.