UK Construction Remobilisation Considerations

The construction industry in the UK has been afforded the freedom to continue work where it is safe to do so since the lockdown was implemented. It is a freedom that the sector has done its best to exploit where it can, with significant works continuing on a variety of essential and less essential projects. A number of leading construction companies and housebuilders have continued or recommenced work where they are able to do so, and a number of high profile projects are apparently progressing well. Build UK has reported that its members, who comprise some of the largest contractors operating in the UK, are now working on 73% of sites (up from 69% last week). However, the issues for the industry facing the prospect of full remobilisation to all sites have not changed.

To read the full text of this post by Steve Nichol and Matthew Friedlander, please visit the Duane Morris London Blog.

Adjudication for UK Construction Disputes During the COVID-19 Lockdown

In the UK, adjudication remains one of the quickest and most cost-effective methods of resolving construction disputes. As most people adjust to the “new normal” of working from home and away from the usual office environment, adjudication may not be at the top of everyone’s agenda. That is somewhat ironic given that the current COVID-19 situation is fast becoming a potential breeding ground for construction disputes.

To read the full text of this post by Duane Morris attorneys Vijay Bange and Tanya Chadha, please visit the Duane Morris London Blog.

Reconnecting With Clients From a Distance During Lockdown

We didn’t have much time before the Coronavirus lockdown to wonder what it’d be like. If we’d had more time to think about it, maybe we’d have been fearful. What would social distancing mean in a work context? Businesses would have new and urgent problems, but how would stakeholders engage, collaborate and solve them? How would external lawyers support businesses with these new and urgent needs? Even if we could travel to clients’ offices, there’d be no-one there. Would lawyers become disconnected from businesses?

To read the full text of this post by Duane Morris partner Alex Geisler, please visit the Duane Morris London Blog.

How to Respond to Employee Refusal To Return To Work in Face of COVID-19 in UK

The effects of the Coronavirus pandemic on the workplace continue.  It is undeniable that the potential litigation arising out of COVID-19 will be far-reaching and there will be several areas that employers need to consider now and when the return to work phase commences in earnest.

In a matter of months the Coronavirus pandemic has not only changed the way millions of employees work but also the way they may now view the workplace, particularly how safe they feel within their workplace.

To read the full text of this post by Duane Morris partner Nic Hart, please visit the Duane Morris London Blog.

Are MAC Clauses & COVID-19 a Free Pass For Lenders?

A client is prudently engaging with its bank to put in place a credit facility to address working capital needs which it anticipates might grow due to the Covid-19 isolation measures causing its customers to reduce requirements for its services and to pay more slowly than during less distressed times. As the motivation for this client to enter into the facility was its potential exposure to the risks to general economic conditions arising from the pandemic, the client was understandably concerned about the lender’s insistence on the inclusion of a “Material Adverse Change” or “MAC” representation and event of default.

The client’s question to us, after vain attempts to remove the language and tepid protestations from its relationship manager that such clauses “are rarely relied upon”, was whether it had any reason to be concerned.

To read the full text of this post by Duane Morris partner Drew Salvest, please visit the Duane Morris London Blog.

Is COVID-19 A Contractual “Get-Out-Of-Jail-Free” Card?

COVID 19 is having a massive impact on supply chains and business continuity and, post lockdown, questions will be asked about who pays for this. The knee-jerk response of many businesses is that the pandemic is a unique, unforeseeable “Act of God” and that businesses which have furloughed staff or been forced to close during the lockdown or have had difficulties with their own supply chains or customers reducing purchase volumes, have no liabilities to or remedies against others for the consequent losses sustained. The reality is that on a case by case basis, businesses already adversely affected by this pandemic may find that contractual claims are being made against them or that they have a route to mitigate their losses by looking at their own contractual or statutory rights.

To read the full text of this post by Duane Morris partner Susan Laws, please visit the Duane Morris London Blog.

Construction & Engineering UK: Post-lockdown and the New World Order

Social distancing measures and lockdowns have been replicated across the globe and have brought world economies to all time lows. Understandably, there is now a degree of anxiety to getting back to work. The longer the lockdown goes on for, the harder the bounce back may be. Unsurprisingly murmurings of getting the country back to work are beginning to surface.  Some manufacturers and building firms that shut down are now slowly preparing to return to work from a state of hibernation.

To read the full text of this post by Duane Morris attorneys Vijay Bange and Tanya Chadha, please visit the Duane Morris London Blog.

Private Company Meetings in the UK During a Lockdown

As a result of the disruption caused by the COVID-19 crisis, for most companies physical in-person board and shareholder meetings are currently not possible. However, companies will still need to pass board and shareholder resolutions, in particular in relation to specific actions aimed at responding to the COVID-19 crisis.

To read the full text of this post by Duane Morris partner Thomas Rainey, please visit the Duane Morris London Blog.

Steps For Mitigating Litigation Risk Related to Coronavirus

When the current crisis has passed, businesses will reopen and people will leave the relative safety of home isolation. Some will get sick, and tragically some will die. The question is not whether there will be litigation, it is what will the ground rules be? So, imagine that you’re a Defendant on this imaginary docket, and ask yourself this, what are my possible defences?

To read the full post by Duane Morris partners Sharon Caffrey and Alex Geisler, please visit the Duane Morris London Blog.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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