Since the start of lockdown, key features of the construction sector’s response could be summed up as “innovation”, “determination” and “finding ways and means”. Following Monday’s government announcements, that groundwork is being built on to get construction operations back up and running as far as possible as we adjust to the “new normal”, we've drawn together some top tips. These tips are based on the issues we’ve been discussing with our clients and contacts over recent weeks, and what we see as the key areas to focus on moving forward.
1. Legal implications of the government’s guidance for the construction sector
Whilst involving little “new law”, the government’s guidance is a very significant tool for achieving, and demonstrating compliance with statutory health and safety requirements as construction operations continue to scale back up. Read more
2. Practical steps to deal with the return to site
With more and more sites open in at least some shape or form over the last few weeks, we’ve been helping clients understand the mechanisms and allocations in their contracts, demonstrate the mitigation measures they are taking through good record keeping, and negotiate new commercial terms to take projects forward. Read more
3. Construction contract terms for the “new normal”
Any contracts entered into now will need to allocate or share the myriad of potential direct and indirect impacts to projects arising from COVID-19 on productivity, time and costs, as a level of disruption is now inevitable, but its extent is very difficult to predict and likely to fluctuate. Could cost plus based arrangements be a useful way forward? Read more
4. Construction dispute resolution and social distancing
Now more than ever, the emphasis must be on negotiating and facilitating settlement, but where more formal steps are required mediations, adjudications and hearings in the Technology & Construction Court have already adapted quickly to enable processes to take place virtually whilst social distancing continues for the foreseeable future. Read more
5. New site working arrangements and insurance
Whilst we do not currently foresee any changes to the insurers’ requirements to maintain cover, insurers will expect policyholders to comply strictly with the guidance and manage risk around COVID-19 and health risks to their employees. Read more
6. Government advice summary for Construction workers
Government guidance for the construction industry highlights the need for employers to assess and manage the risks by carrying out a COVID-19 risk assessment, building on the steps set out in the Constriction Leadership Council’s Site Operating Procedures. Read more
7. Update on local council and planning authorities for construction sites
Following consultation with various industry bodies, the Minister for Housing, Communities and Local Government issued further guidance on 13 May to facilitate progress on sites and to provide flexibility in progressing planning applications during the lock-down restrictions. Read more
8. Development plots preparation for completion
If you are returning to sites to finalise plots for handover at completion, resources must be allocated accordingly to allow for delays at local authorities, consultants and other contractors to enable you to obtain all necessary handover certificates for purchasers. Properties should be thoroughly cleaned and wiped down prior to completion to allay fears of contamination for purchasers, particularly those who may be in vulnerable categories.
