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ARTICLE · 09 MARCH 2020

COVID-19's Impact On Construction Contracts – Will Force Majeure Relief Or Other Rights Be Available?

As the human cost of the novel coronavirus (2019-nCOV) continues to escalate, so too does the commercial and economic impact.

GlobalReal Estate and Construction

As the human cost of the novel coronavirus (2019-nCOV) continues to escalate, so too does the commercial and economic impact.  The economic effects are not confined to mainland China.   Supply chain disruption is being felt worldwide, including in the construction industry as China plays a major role in parts manufacturing.  We are having an increasing number of enquiries from clients as to how to manage force majeure risk, both in terms of whether they should claim force majeure protection and in anticipation of receiving force majeure notices up the chain.

At the time of writing, it has been widely reported that CNOOC's force majeure notices to seek relief from taking delivery of some LNG cargoes have been rejected by Shell and Total, leaving CNOOC to consider whether to go ahead and cancel the contracts in any event.  With many construction projects around the world reliant on Chinese contractors and suppliers, we anticipate that similar disputes as to the

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