COVID-19 and Construction Contracts Joseph Jones, McCullough Robertson Lawyers

Abstract

This paper will examine the implications of COVID-19 on construction contracts, including how risks are allocated between Local Government and contractors. It will consider commonly utilised Australian Standard contracts and the extent they address COVID-19 (or fail to do so). The paper will look at the interplay between COVID-19 and topical (sometimes contentious) issues such as extensions of time, force majeure, delay costs, directions of the Superintendent and Principal, changes in law, site restrictions and supply chain responsibility. The discussion will include some practical insights as to how Local Government clients and contractors have shared COVID-19 associated risks and what the future may hold with respect to contractual risk allocations.