We are indeed experiencing unprecedented times. The potential
legal impacts of COVID-19, including government measures taken in
response to the pandemic, are real and growing for stakeholders in
the construction industry. The impacts relate to issues including
but not limited to health and safety, labour and supply shortages
(and supply chain disruption), and managing project delays and
claims.
Given the new current climate and potential implications, it is
important for stakeholders in the construction industry to:
- Closely and carefully review your
contracts/project documents and/or financing documents to identify
and understand the rights, obligations, and risk allocation among
the parties during a force majeure event
(including to ascertain whether or not concepts such as pandemic,
infectious outbreak, communicable disease, and government action
are captured (triggering events)), and how the concepts are
defined.
