Delay and disruption from Covid-19

Many companies will be relying on force majeure clauses to bail them out of Covid-19 induced problems, but some parties to contracts will be left ‘in a hole’, unable to claim reliefs or terminate onerous contracts warns Stuart Jordan of Baker Botts.

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Covid-19 and Change in Law

Contractors throughout the UK are grappling with the delays, costs and disruption caused by Covid-1 and looking to force majeure for relief. Nick Viljoen of HFW suggests that one less considered avenue for relief may be to claim that new Covid-19 Standard Operating Procedures amount to either a Change in Law or a variation.

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Covid – a catalyst for change?

Duncan Turner and Amy Roberts of CMS Cameron McKenna Nabarro Olswang LLP examine how new technologies could help the industry grapple with the immediate problems associated with a return to work post the Covid-19 shutdown. New technologies can throw up new legal challenges as well, they warn.

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To terminate or not to terminate, that is the question.

Chris Bryden and Georgia Whiting of 4 King’s Bench Walk explain how common law can support termination of a contract that does not have an express termination clause. However, there are risks associated with using the repudiatory breach strategy, they warn.

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Covid-19 – The insurance implications

Insurance expert John D Wright of JD Risk Associates outlines the insurance implications of Covid-19, warning that there may not be a lot the insurance industry can do to alleviate the financial pain inflicted by the pandemic. For the future, a pooling scheme might have to be launched and government backing will be essential.

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Good behaviour: going the extra mile

In our latest alternative dispute resolution (ADR) series, Tracey Summerell of Dentons UK and Middle East LLP considers the government’s call for good behaviour by parties to construction contracts and what that means in practice for those battling the economic effects of the Covid-19 pandemic.

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New and proposed legislation: State of play table 251

This table, prepared by Dentons UK and Middle East LLP, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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How soon until infrastructure’s digital revolution becomes the “new normal”?

The Centre for Digital Built Britain (CDBB) continues to develop a systems-based vision for UK infrastructure and to improve understanding on how a digital approach could be used to better design, build, operate and integrate our built environment.

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Legal terms explained: Force majeure

‘Force majeure’ has no standard definition in English law. However, it is generally understood to be a contractual term which excuses one or both parties from performing their contractual obligations, if the party seeking to rely on the clause is prevented from doing so by a specified event which is outside their control.

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News in Brief July 2020

A group of MPs has called for construction firms to be made to pay for the replacement of dangerous cladding on high risk residential buildings.

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