Build UK issued a statement this week, reiterating that after everything the industry has been through over the last few months, and with more uncertainty ahead, the overriding message from the Construction Leadership Council (CLC) has been that our sector’s long‐term resilience depends on working collaboratively. It is therefore extremely disappointing to receive evidence that some companies are reverting to bad habits and squeezing their supply chains, rather than taking the opportunity to revolutionise the way in which construction projects are delivered.
In terms of practical support, the Disputes and Collaboration group for the Construction Leadership Council (CLC) COVID-19 Task Force has today published guidance on future-proofing contract amendments in the light of COVID-19. Building upon the Contractual Best Practice Guidance published by the group earlier in the year, it includes options for amending many of the JCT and NEC contracts to cater for impacts of the pandemic on delivery of the works/services.
The output cannot tell parties what to do, but can help them identify the issues and distil their negotiated position into the drafting of the contract. It is intended that this advice will provide a starting point for all parties involved as to how they will deal with the COVID-19 pandemic going forward.
The Construction Leadership Council’s guidance on future-proofing contracts can be downloaded here.
The Construction Leadership Council’s guidance on record-keeping can be downloaded here.
The Construction Leadership Council’s publication Covid-19: Managing Contractual Disputes & Collaboration – Summary Guide can be downloaded here.
The CLC statement on Payment and Contracts, supported by Build UK and FIS, reminds everyone that actions at this time will be remembered and that all firms should think hard about how their reputation could be damaged by not doing the right thing. Every business, large and small, has a critical role to play in making sure that cash continues to flow throughout the industry. FIS is encouraging all of our members to sign the RICS Conflict Avoidance Pledge (also supported by the CLC) – you can sign the pledge here.
FIS Members are reminded of the Contractual/Legal Toolkit and the Contract Health Check Tool available here. If you feel you are being treated unfairly, need contractual advice or wish to report negative behaviours, do not hesitate to contact the FIS team on 0121 707 0077 or email: firstname.lastname@example.org.