We hope everyone is coping well!

The final impact of the COVID-19 outbreak on society as a whole will be beyond what we can currently comprehend.  Families and businesses are somehow finding ways to make the best of the situation but no-one knows what is still to come.  Like everyone else, we are feeling our way through these complex times and we are balancing our personal priorities with our duties at work.

Tips on dealing with the fallout.
In case you’re feeling lost about how to react to this situation on your project, and irrespective of the specific contract governing your project, Contractors should:

• Issue notification letters.
  • The contract governing your project will reveal the precise wording of what your obligations are.
  • Pay particular attention to time bars.
• Establish any other preconditions for making a legitimate claim.
• Keep contemporaneous records and collect evidence of:
  • when you first suffered loss or expense from this event.
  • the specific cause that has, or is likely to, result in loss or expense.
  • those losses and/ or expenses.
• Not rely solely on the Force Majeure principle as these terms may not even exist in your contract.
• Be aware that, although there may be some sort of government intervention, as it currently stands, however, it is unlikely costs will be recoverable under your construction contract.
• Review the contractor’s all risks insurance policy on your project.
• Consider the terms in your contract on changes to legislation, or similar.

Get in touch.
We’re working remotely and happy to meet via Skype, Zoom or Google Hangouts if you want to chat it through.

Take care!

Will Riakos
Managing Director, Wyndham Kellett

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