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Potential Impacts to Construction Contracts 1 - 3/16/2020

TO:  The Contracting Community, District Deputy Directors, District Capital Program Administrators. District Construction Engineer

FROM: Dave Slatzer, P.E. Deputy Director, Division of Construction Management

SUBJECT: COVID-19/Coronavirus - Potential Impacts to Construction Contracts

DATE:    March 16th, 2020

The Ohio Department of Transportation (ODOT) has heard from many of our contractors regarding potential impacts to their operations related to the COVID-19/Coronavirus outbreak in the event that the COVID- 19/Coronavirus outbreak impacts the labor force, disrupts the supply chain or results in the suspension of work.

ODOT is aware that the the COVID-19/Coronavirus has the potential to impact existing and future construction contracts. These impacts will likely vary from one contract to another. Therefore, ODOT will  address these impacts on a case-by-case basis. The ODOT Construction and Materials Specification contains adequate provisions to modify existing contracts. Specifically, time extensions or acceleration may be considered if necessary to adjust or meet completion dates.

In the event that the COVID-19/Coronavirus has wide-spread impacts on ODOT's construction program, the Department will issue statewide guidance to our contractors. The exact  nature  of the guidance will  depend  on the severity and duration of the impacts throughout Ohio. At the present time, contractors should  closely monitor projects for impacts from the virus to ongoing and future activities, suppliers, material  deliveries,  and the labor force. Contractors should notify ODOT Project staff promptly if they have reason to believe the Project may be impacted by the virus.

As this is a fluid situation, ODOT will continue to monitor developments, take appropriate action and keep the contracting industry informed as plans evolve.