As COVID-19 continues its disruption to the construction industry across the world, impacts are being felt on site activities resulting in potential loss of productivity and increased costs. Many of our business partners will find themselves with contractual issues, notice of delays and other matters leading to them having to deal with disputes that will inevitably arise.

A pandemic may or may not be reason in itself to claim prolongation and may not fall under the Force Majeure provisions, additional working hours to assist in adherence to programme may or may not be sufficient entitlement for claiming penalty rates, social distancing requirements may or may not be reason enough for claiming additional preliminaries.

For this reason we introduce our new service offering, WT Claim Fit, managed by our specialist Contract, Claims & Disputes Services Team.

It is crucial that employers, developers and contractors alike, develop a strategy on a project to project basis to assist in managing outcomes arising from the impact of COVID-19.

Process for the WT Claim Fit Service

WT assist in developing a strategy considering the following factors which impact upon cost & time:

  1. Increased hygiene, welfare facilities and behavioural practices that include:
    • Management of social distancing
    • Reviewing safety critical activities
    • Formal OHS audit trials including inspection routines
  2. Setting up special arrangements with key suppliers
  3. Maintaining daily records – more important than ever
  4. Changes to confined working conditions
  5. Improved pro-active communication across the project
  6. Categorising cause & effect specifically relating to the impact of this event taking account of possible concurrency with other matters
  7. Regular schedule updates
  8. Extended working hours
  9. Additional precautions/work practices/productivity factors
  10. Government legislative changes
  11. Provisions within the Contract.

With a strategy in place we will prepare, or be in a position to rebut, claims and endeavour to de-risk the project for the benefit of all parties.

To discuss with one of our specialist Contract, Claims & Disputes team, please Contact Us.