Recover your COVID Contractual Entitlements

The COVID 19 pandemic is impacting the construction industry and supply chains in an unprecedented way. It is important that you protect your contractual rights and deliver on your obligations during this period protecting from both time and cost implications within the terms of your contract conditions.

Issues encountered may include a clear inability to perform during a restricted movement or lockdown period, however also a frustration of progress and loss of efficiency in productivity output after restrictive SOP’s are adopted.

PMCC is happy to support you on contract entitlement reviews, notification preparation and claim preparation to enable you to protect against these programme implications and also seek recovery of cost entitlements under your contracts.

PMCC will first review the options available within the Contract as to how to proceed with protection. The current situation provides some specific routes for protection under most forms of Contract however there will be advantages and disadvantages with each route and in some cases particular routes may provide protection for time extension, however not for cost. Its important that these are fully considered and strategized in order that the most beneficial route is taken in order to meet the aims of our client.

PMCC upon concluding an agreed route forward will proceed with notification and claim preparation. The claim preparation can include time impact analysis for the very specific lockdown period however also detailed analysis of the impact:

  • Running upto any lockdown. This may be from specific procurement / supply issues of materials, equipment and labour based on origin of the same and status or the virus in that origin.
  • Immediately after lockdown in terms of obligations to be carried out prior to commencing works onsite again,
  • Restrictive working practices once works commence again in terms of new SOP’s or enforced reduced working hours.
  • The continued effect of supply chain issues of materials, equipment and labour from international sources whom may be effected in a different time window due to the status of their own national COVID status.

Along with these issues, shall be the review of the cost impact and preparation of evidenced / substantiated costs for inclusion within the claim.

PMCC shall then pursue the support of these claims and follow up on presentations and workshops as required to achieve a satisfactory outcome. Contact us for an independent consultation.