Covid-19 and Construction Contracts
When the stay-at-home period comes to an end and life gets back to some semblance of normalcy what can we expect with construction and construction contracts? We need to state that “normalcy” here is really subjective as the experts warn that life may not get back to what we knew it to be prior to […]
The Cost of Covid
In our previous article [click here for the link] we spoke about the effect the shutdown may have on construction projects. Since then both industry and academia has agreed that the shutdown was a Force Majeure event [that the event was beyond anyone’s control; could not have been provided for before entering the contract; once […]
Uk Government Calls On Parties In Contractual Disputes Arising From Covid-19 To Use Adr Methods For Dispute Resolution
https://www.ciarb.org/resources/features/uk-government-calls-on-parties-in-contractual-disputes-arising-from-covid-19-to-use-adr-methods-for-dispute-resolution The government strongly encourages parties to seek to resolve any emerging contractual issues responsibly – through negotiation, mediation, or any other alternative dispute resolution (ADR) mechanism before considering litigation. The reasons for this plea by the government can be attributed to the advantages that ADR can bring over contested proceedings before the courts. They […]
Covid-19 – The Professional Consultants’ View
https://www.kennedyslaw.com/thought-leadership/article/covid-19-the-professional-consultants-view Contractual considerations Of course, specific contractual terms will differ. It is important for all parties to review their contracts for each project. We have created a suggested list of items to consider: If the contract is still being negotiated, then parties should ensure that the contract explicitly deals with the possible impacts of the […]
Covid-19 – Time And Cost Claims Under Construction Contracts In The Uk
https://www.dlapiper.com/en/netherlands/insights/publications/2020/05/time-and-cost-claims-under-construction-contracts-in-the-uk Common contract clauses These include: At the same time, contractors will be expected to mitigate the impact of any COVID-19 effects by taking reasonable steps to minimise or prevent delay. Contractors will also need to be able to explain and prove how the relevant event caused the delay and/or cost. This will not be […]
Covid-19 And Construction Claims
https://www.xperagroup.com/blog/covid-19-construction-claims-successful-mitigation-risk Pandemics can be dealt with by a stand-alone clause on pandemics or alternatively by mentioning the outbreak of a pandemic in the Force Majeure clause. Construction contracts seldom directly address the occurrence of pandemics. The main reason is that until the COVID-19 pandemic construction projects were seldom impacted by pandemics. Force Majeure provisions can […]