Opinion: Get Covid-19 site restart contract terms sorted now

Aaron Morby 5 years ago
Share

This week the bulk of contractors still on site shutdown will begin the return to work across England and Wales.

The industry is in uncharted territory complying with new safe working restrictions and the added transport and accommodation challenges.

Social distancing is not yet written into any contracts but it is something that will clearly generate extra costs and hit production.

Industry leaders fearing the worst have called for clients, main contractors and the rest of the supply chain to support each other and adopt conflict avoidance approaches.

But for subcontractors who have already been on the receiving end of 7-day notices and the threat of LADS, good practice guides are just window dressing.

There are good ways and bad ways to get through the challenges ahead.

The question of who pays for the added costs and programme slippage should not be left for courts to decide on in the future.

At this extraordinary moment in time, the industry is looking to unite in a common cause – trying to get back to work safely.

This moment must not be thrown away.  But the biggest mistake is to focus on the aspiration, blind of the likely problems.

Projects should have agreements in place that are legally solid to avoid a tsunami of litigation later down the line.

Restart terms and conditions need to be set in stone now or it will become a future contract-row bonanza for lawyers and a blight on construction.

A recognised Covid-19 claim provision that takes account of slower working conditions would also be a good idea.

Sites must be monitored to ensure safe practice is genuinely being followed.

The Health and Safety Executive with its resource shortcomings cannot be relied upon to police this across the country.

The industry must put in place its own strict plans for how it will deal with failures to observe good practice.

It also needs to find pragmatic ways to measure the relative safety in relation to viral transmission of different ways of working.

Contractors or subcontractors should not be bullied into working if they have genuine safety concerns for their employees, nor should they be allowed to hold clients to ransom.

But they must get as watertight an agreement as possible before work commences or problems will fester.

At its core, construction is a very flexible industry used to absorbing shocks, so it has the capacity to change.

Now is the time to start. 

 

Latest news

Breakthrough for HS2 as first Birmingham tunnel section dug

Balfour Beatty VINCI completes 3.5km TBM drive in 652 days drive
6 hours ago

HS2 Curzon Street station redesign approved as timber roof axed

Change to meet stricter fire safety rules and cut maintenance costs
10 hours ago

Care home fire trial collapses

Prosecution withdrawn against four firms including Morgan Sindall Property Services
1 day ago

Leicester rebids £22m station revamp after failed tender race

Council opts for ECI route after receiving one bid for project
10 hours ago

Kier wins East Coast College rebuild job in Great Yarmouth

Work to start this summer for 1,300-student college
11 hours ago

R G Carter wins £28m hospital car park job in King’s Lynn

MSCP paves way for £1.5bn Queen Elizabeth Hospital rebuild in 2027
11 hours ago

London to relax green belt building rules

Sadiq Khan shifts position on planning
11 hours ago

Willmott Dixon wins Great Yarmouth waterfront deal

North Quay 10.5 acres mixed-use scheme to advance
1 day ago

SIG chief quits to join Travis Perkins

Gavin Slark to leave by the end of this year
11 hours ago

Eight take key spots on £250m Prosper framework

Housing and public building upkeep deal for North East awarded
1 day ago

Early call-out for £150m Ebbsfleet Garden City infrastructure

Bidders day to set out plan for Ebbsfleet Central commercial scheme
2 days ago

McLaren storms April contracts league with flurry of wins

Cardiff Bay Arena job headlines a series of big contract wins
1 day ago

Balfour Beatty lifts cash forecast after strong first quarter

Contractor set to hit £1bn average monthly net cash in 2025
1 day ago

Goldman Sachs-owned Adler & Allan buys 180-strong civils outfit

West Country's Glanville Environmental gets new owner
1 day ago

Caddick lands first contract for £200m Skelmersdale revamp

Developer gets green light for masterplan
1 day ago

Van Elle sells HGV fleet to haulage firm

WS Specialist Logistics pays £2.9m to take on fleet and drivers
1 day ago

Buyers more bullish about prospects for year ahead

Residential "resilient" but commercial work a weak spot
2 days ago

Council backs first Brutalist car park-to-flats scheme

Newcastle-under-Lyme multi-storey car park to be reborn as pioneering homes scheme
2 days ago

Hinkley Point C hits peak build with 26,000 jobs

3,000 more workers to join as fit-out work ramps up
2 days ago

Over 40 firms win Wessex Water M&E minor works deal

Broad sweep of specialists picked for AMP8 programme
2 days ago

Spencer lands Scottish bridge hat-trick

Steelwork, gantries and bearing upgrades on Kessock, Forth and Tay crossings
3 days ago

Winners revealed for £1.5bn decarbonisation deal

Fusion21 confirms places for 40 firms: Full list
2 days ago

Cladding firm fined £225,000 after fatal fall

Court hears how cherry picker didn't reach all parts of repair job
2 days ago

Completed buildings caught-up in Gateway 2 chaos

Developer distraught after dealing with Building Safety Regulator
3 days ago

Aviva submits plans for 34-storey City office tower

Subject to planning work to start in autumn 2027
3 days ago

Murphy takes 40% stake in Aussie civils contractor

Firm enters Australasian market with stake in Sydney-based contractor Abergeldie
4 days ago

Moat seeks firm for £420m repairs and maintenance deal

15-year deal to upkeep 20,000 south east homes
3 days ago

Lynch takes over hotel for Sizewell plant operators

Hire giant now in the hotel business to guarantee accommodation for workers
3 days ago

Subcontractors wanted across Scotland

Latest Constructionline event in Glasgow: Register now
3 days ago

Six guilty of £2m bribery over Devon housing site deals

Corrupt building bosses and E.ON project chief and QS sentenced
1 week ago

Contractor services