Despite the strict nature of this decision, Contractors with projects affected by COVID-19 may have a more convincing argument for impossibility. First, prime construction contracts (including the commonly used AIA documents) tend to expressly define the roles and expectations of Subcontractors, Designers and other non-parties upon whom the parties to the contract depend on to perform their obligations.
Does Your Standard Subcontract Expose You to Unnecessary Liability?
By Sakib A. Khan, Esq. and Matthew W. Rossman Under Massachusetts law, unmodified, standard form subcontracts such as the AIA A401 can leave the general contractor unnecessarily exposed to potential liability for accident or injury. As the Massachusetts Supreme Judicial …