Capell & Howard P.C. Attorneys At Law Montgomery & Auburn/Opelika, AL


March 31, 2020


We are all innovating our business to adapt to evolving government health orders and the pandemic impacts on our employees, projects and economy. The procurement and construction industries will not be the same for the foreseeable future:

  • Voluntary or mandatory work stoppages, suspensions or terminations.
  • Material shortages or disruptions.
  • Labor shortages or restrictions.
  • Project delays and inefficiencies.
  • Difficulties or delays in getting paid.
  • Adaptations in the design and development of new projects.

We can help improve your outcomes for these impacts with our extensive experience in the industry by assisting with:

  • Drafting and negotiating contract or bid terms that anticipate pandemic impacts.
  • Exercising contract provisions that excuse late performance to avoid liquidated damages, defaults or terminations.
  • Securing reimbursement for delay, suspension or disruption costs.
  • Suspending or terminating projects that can’t move forward.
  • Enforcing your rights for payment.

The pandemic will heighten focus on contract provisions such as:

  • Delays and Time Extensions (Force Majeure)
  • Liquidated Damages.
  • Suspension of Work.
  • No Damage for Delay.
  • Termination for Convenience.
  • Termination for Work Stoppages.
  • Termination for Default.

If you have questions or require assistance in managing your contracting or projects during the COVID-19 pandemic, call Capell & Howard at 334-241-8000 and ask for one of our Construction and Procurement lawyers: Lister Hubbard, Brooke Lawson, Allen Sheehan, or Blake Brookshire.  Or, visit our web page at for contact information and the latest alerts.

This summary is based upon what we know as of this writing. No assurance of the completeness, comprehensiveness, correctness, or currency of the information is provided. The materials and information presented are not, are not intended to be, and should not be relied upon or construed as legal advice. Receipt of the information alone does not create an attorney-client relationship. Before making any decision or taking any action, you should consult with a professional adviser who has been provided with all pertinent facts relevant to your particular situation.

The Alabama State Bar requires the following disclaimer in lawyer advertising: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.