15 April 2020

The full impact of Coronavirus on Scottish construction projects is just beginning to bite. It is difficult to imagine a construction site that will not be effected. This means that Employers and Contractors need to think about what impact Coronavirus might have on their projects and what they should be doing now to best position themselves to deal with it.

Have you already had to consider (or should you now be considering) the following questions...?

• What does the new Coronavirus legislation say about construction work?
• In light of what the UK and Scottish Governments are saying, does the site need to close or can it stay open?
• If the site can stay open, do any steps need to be taken now to revise the way in which the works are being carried out?
• Will Coronavirus result in claims for time and money – typically in the form of extension of time or loss and expense, and will any such claim succeed?
• When should I make a claim?
• What should I do if a claim is intimated to me?
• My contract refers to force majeure but what does that mean and is it relevant here?
• My contract also refers to the operation by the Government of statutory powers and changes in law – is that relevant here?
• Should I tell the Contractor to close the site, and if I do what will that mean if there is a claim?
• If my site is closed, how long will it be before the contract can be terminated by one or both of the parties?
• Who insures the site if it is closed?
• Should I be issuing a notice to the other party now about how Coronavirus has effected the works? What does that notice need to say?
• Does the impact of Coronavirus mean that there is a hold on adjudication as a form of dispute resolution?
• I am just about to sign another building contract, but should I?… and What, if anything, does it need to say about Coronavirus?

If any of the above questions applies to you, or you have other questions related to Coronavirus and your projects, then getting early advice on how best to protect your business is essential.

BTO has construction law specialists on hand to help guide you through all of the issues that Coronavirus might generate. If it would be useful to discuss your project, please contact:

Fraser Hopkins, Partner, E: fho@bto.co.uk / T: 0141 225 4858