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. This … Read more

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. This story is only available to subscribers to the printed edition of Construction Law. … Read more

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. This … Read more

Consider Covid consequences in bids, lawyers warn

Contractors must take account of how the consequences of Covid-19 will impact on both price and timeframe when bidding for new work, Beale & Company has urged after the Government revealed that up to £37Bn worth of infrastructure and construction contracts will be brought to market over the next year. To read more of this … Read more

Litigation funding – preserving cash in uncertain times

Construction disputes, particularly over claims and termination, are expected to increase as the costs of COVID-19 begin to bite. Glenn Newberry and Jessica Neuberger of Eversheds Sutherland explain the role that the different types of litigation funding could play. This story is only available to subscribers to the printed edition of Construction Law. If you … Read more

An open and shut case: construction sites in England

Nick Viljoen of HFW explains why parties need to be aware of their contractual options with delays, disruption and additional costs expected as sites re-open using COVID-19 Standard Operating Procedures. Not all costs will be easy to recover, he warns. This story is only available to subscribers to the printed edition of Construction Law. If … Read more

Further disruption expected as Covid-19 delays projects

Almost four in five project managers are anticipating future disruption to projects they are working on as a result of Coronavirus, with 44% reporting that the pandemic has already caused their main scheme to be delayed. Parties should look carefully at both their contracts and their records, one lawyer says. To read more of this … Read more

Clients urged to protect supply chains as market downturn forecasted

Construction clients must ‘remain alive’ to the risk of supplier insolvency, contract liabilities and material shortages as the industry prepares for an easing of lockdown restrictions, consultant Turner & Townsend has said. To read more of this and every other news story on this site, please log in with your Construction Law membership account details. … Read more

Coronavirus challenges explored in May issue of CL

Covid-19 and how the industry can cope with it features in several of the in-depth articles in this month’s issue of the Construction Law print journal, which will be arriving exclusively on subscriber’s desks around now. To read more of this and every other news story on this site, please log in with your Construction … Read more

Construction Law: May 2020

Editor’s comment The paper trail to survival Amid conflicting advice on whether to open sites, construction companies are advised to maintain their own records to be able to prove what guidance they received about safe working during the pandemic and that they have acted properly, in the event of health and safety prosecutions or claims … Read more