All contractors, subcontractors, and suppliers are aware of the coronavirus-associated acute respiratory disease called coronavirus disease 19 (COVID-19). We write to suggest that it is the responsibility of every employer and every individual to make themselves aware of and follow the guidance provided by local, state, and national authorities regarding best practices for continuing operations during these times. By way of example, the United States Department of Labor has published “Guidance on Preparing Workplaces for COVID-19” which can be downloaded here: https://www.osha.gov/Publications/OSHA3990.pdf. Without limiting in any way the guidance of the Department of Labor, each employer must monitor the health and safety of its employees (and persons for which it is responsible) to ensure no infected employees are allowed on a project site and each employer must provide adequate protections to its vulnerable employees.
Prior to the time that any project is formally suspended or performance expressly excused, however, contract commitments for timeliness and quality of performance remain unchanged.
We will supplement this communication as any project-level expectations evolve.
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