CLC Covid-19 task force: Covid-19 Contractual Best Practice guidance and Government guidance


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The Construction Leadership Council’s Government supported COVID-19 Contractual Best Practice guidance has been published.  Helen Stuart, Senior Associate at Trowers & Hamlins, has been assisting the CLC taskforce on the work stream looking at Covid-19 and commercial and contractual best practice in the sector which has drafted the guidance.

The CLC guidance recommends that parties have collaborative discussions to try and agree a way forward and avoid disputes, whilst protecting their contractual position. It gives some practical guidance to enable parties to do this. It covers:

  1. Complying with contract administration requirements (with draft notices for JCT and NEC3/4 and responses and pro forma WP letters to start discussions)
  2. Explanation of without prejudice and 'subject to contract'
  3. Issues that could be discussed in WPSTC meetings
  4. Dispute Resolution Processes

Separately, but in the same vein,  the government has produced non-statutory cross-sector guidance on 'on responsible contractual behaviour in the performance and enforcement of contracts impacted by the COVID-19 emergency'. 

The government guidance provides that parties should act responsibly and fairly to support the response to Covid-19 and protect jobs and the economy. 

The CLC taskforce has also developed a short survey to get an overview of current contracting behaviours on Covid-19 and all levels of the supply chain are encouraged to complete it in order to inform the CLC's work going forward. 

Links to the published documents:

For the CLC press release please click here.

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