Having reviewed their construction contracts, the next
major concern was how parties should tackle proving any potential
claims. In what is in effect Part 2 of his summary of the impact of
COVID-19, Jon Miller provides some practical examples of the issues
that need to be addressed. Advice that holds true for any
construction claim.
Delays
Only delays to the Completion Date can give rise to an extension
of time. Programming information is crucial. The burden is on the
party making the claim to show why the COVID-19 shutdown delayed
the Completion Date.
Most sites are able to continue working safely. We are aware of
a site where working practices have been changed whereby there is
no more than one operative in each room, operatives start at
different times and ensure they maintain a distance of 2 metres
throughout.
