Background
The COVID-19 pandemic has caused significant disruptions to the
construction industry as a whole. Backlogs in supply, commodity
pricing, local market disruption, and an increase in demand and
labour costs, have all resulted in a significant rise in
construction costs and sometimes construction disruptions.
These disruptions and rising construction costs are critical
variables for consideration for owners and contractors building
projects under fixed price arrangements.
As the number of construction projects increases
throughout the COVID-19 pandemic, rising construction costs are not
expected to dissipate any time soon. It is therefore critical for
stakeholders in the construction industry entering into fixed price
agreements to understand the key contractual provisions that may
provide some relief against cost volatility. At the same time,
there is no universally applicable solution to rising costs in
construction, and case law reinforces this idea by