Outbreaks of disease, such as the COVID-19 pandemic, have the potential to significantly impact the performance of all types of contract work. Where such occurrences are rare and unexpected, it is unlikely that the contracting parties factored the occurrence into contract performance terms such as price and schedule, notwithstanding the significant impact that a pandemic could have on those performance terms.
NCHRP Legal Research Digest 93: Pandemics and Contractual Issues, from TRB's National Cooperation Highway Research Program, examines the impact of pandemics on the legal obligations of parties to contracts (particularly construction contracts) with state departments of transportation and other transportation agencies, in the wake of the COVID-19 pandemic.
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