Since the start of the COVID-19 pandemic,
there has been a trend in industry towards
moving COVID-19 out of the force majeure
and other clauses to its own section.
MAKING A
GLOBAL IMPACT
BSP INTERNATIONAL FOUNDATIONS LTD
Claydon Business Park, Gt Blakenham, Ipswich
Suffolk, UK, IP6 0NL
RIC (Rapid Impact Compaction)
Use your excavator for ground compaction work. Fast,
economical and dynamic ground compaction technique for
low cost ground improvement of non cohesive soils.
“Get more from your standard excavator!”
Tel: +44 (0) 1473 830431 Email: sales@bspif.co.uk
www.bsp-if.com
JX Piling RIG
Introducing the all new BSP JX25 piling rig based on a 20
tonne excavator. Designed for driving most types of
foundation piles.
“Light weight RIG packing a big punch!”
LEGAL
We’re Social
Follow us
on your preferred
social media sites
Now with
New Sound
Attenuation
prompt notice with particulars and documentation at the
time of the claim or to follow when available, as well as
specifying what obligations under the contract have been
impacted. This presumes that a force majeure event is acute
in nature, like a winter storm or a fire. With the COVID-19
pandemic, impacts may be more chronic in nature, possibly
extending over the entire life of a project and potentially with
changing implications depending on the project phase. A
one-time notice may not be sufficient or even appropriate.
Instead, parties may need to consider regular reporting and
updates on an ongoing basis, which may be more useful, and
establishing a protocol under their post-COVID-19 contracts
for how relief may be provided.
Contentious issues and disputes
Time to revisit existing disputes? The COVID-19 pandemic
has led to temporary court closures across the country.
While courts have now expanded the scope of hearings that
may proceed remotely, parties can expect delays in seeking
relief from a court now and into the foreseeable future. Risk
profiles have also shifted in light of the pandemic. Many construction
companies already felt the strain of cash flow issues
before the pandemic. Parties may take a hard look at existing
disputes against this backdrop and may be more open to
resolving longstanding disputes and prioritizing getting to
completion, as opposed to engaging in behaviour that may
delay payment and completion. These forces may create
new opportunities for settlement or for re-opening dialogue
between parties.
Time to consider post-pandemic disputes? A flood of
project disputes relating to delays, cost overruns and other
COVID-19-related claims is inevitable. Parties will need, as
usual, to prove their claims and demonstrate mitigation
efforts. Now more than ever parties should be reviewing current
record-keeping practices, addressing gaps and, where
possible, introducing innovation and improvements that
PILING CANADA 53
/www.bsp-if.com
link
