The Construction Leadership Council’s Government supported COVID-19 Contractual Best Practice guidance has been published. Helen Stuart, Senior Associate at Trowers & Hamlins, has been assisting the CLC taskforce on the work stream looking at Covid-19 and commercial and contractual best practice in the sector which has drafted the guidance.
The CLC guidance recommends that parties have collaborative discussions to try and agree a way forward and avoid disputes, whilst protecting their contractual position. It gives some practical guidance to enable parties to do this. It covers:
- Complying with contract administration requirements (with draft notices for JCT and NEC3/4 and responses and pro forma WP letters to start discussions)
- Explanation of without prejudice and 'subject to contract'
- Issues that could be discussed in WPSTC meetings
- Dispute Resolution Processes
Separately, but in the same vein, the government has produced non-statutory cross-sector guidance on 'on responsible contractual behaviour in the performance and enforcement of contracts impacted by the COVID-19 emergency'.
The government guidance provides that parties should act responsibly and fairly to support the response to Covid-19 and protect jobs and the economy.
The CLC taskforce has also developed a short survey to get an overview of current contracting behaviours on Covid-19 and all levels of the supply chain are encouraged to complete it in order to inform the CLC's work going forward.
Links to the published documents:
- CLC's government backed guidance document
- Government Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the COVID-19 emergency
- A survey seeking views on this topic from industry
For the CLC press release please click here.
