CONTRACTUAL IMPLICATIONS RELATED TO THE CONSTRUCTION INDUSTRY IN PANDEMIC SITUATIONS: A REVIEW OF CASE LAWS

ABSTRACT

COVID-19 catastrophe has created various complications related to the construction industry. Conflicts arise between parties to the contract and among the majority of stakeholders. A successful contractual implication can manage the contractual challenges arising within construction job sites. The most common contractual provisions for the situation are Force Majeure and Changes in Legislation clauses in standard conditions of contracts. Sufficiency of the available remedies under the provisions applicable to COVID-19 or any other pandemics is a current talking point in the construction industry. Following questions are addressed to manage these unprecedented situation-related contractual conflicts ‘what are the contractual challenges faced by the construction industry?’, ‘what are the most applicable contractual provisions to a pandemic situation?’, ‘what are the pandemic-related guidelines applicable to the construction industry?’, and ‘what are the available legal cases to use in a pandemic situation?’ The questions were discussed by carefully analysing existing literature referring to Case Laws. Future researchers are encouraged to suggest appropriate strategies for contractual challenges to facilitate the construction stakeholders to prepare them for future pandemics. © 2022, Ceylon Institute of Builders. All rights reserved.