Covid-19 Contractual Clauses Survey
Please complete this short survey on contractual clauses and the Covid-19 pandemic. The findings will feed into Government-supported industry guidance on managing potential disputes arising from the pandemic.
1.
At which levels of the supply chain do you operate?
Funder
Tenant/Purchaser
Developer/Client
Consultant
Tier 1
Tier 2
Tier 3
Labour
Goods/Materials
2.
Which types of contract do you use in your business?
Standard Form Unamended - JCT
Standard Form Unamended - NEC
Standard Form Unamended - Other
Bespoke/Amended Standard Form - JCT
Bespoke/Amended Standard Form - NEC
Bespoke/Amended Standard Form - Other
3.
What proportion of your contracts are affected by the impact of Covid-19 meaning that there is a significant chance that it will not be possible to deliver on time?
0-25%
25-50%
50-75%
75-100%
4.
What proportion of your contracts are affected by the impact of Covid-19 meaning there is a significant chance that it will not be possible to deliver on price?
0-25%
25-50%
50-75%
75-100%
5.
Have clients or other firms in the supply chain indicated an intention to use contractual provisions in relation to the impact of Covid-19?
No
Received formal written notification on the application of clauses from client/higher tier contractor
Received formal communication from client/contractor's external legal advisor/claims consultant/QS
Have been raised informally in writing (eg e-mail/text message/messenger services)
Have been raised verbally with you
Have discussed these issues with clients or supply firms
6.
Have you indicated an intention to use contractual provisions with your clients or other firms in the supply chain?
No
Have held internal discussions/consulted lawyers/claims consultants/QSs but not contacted others
Have written formally regarding the application of clauses
Have raised informally in writing (eg e-mail/text message/messenger services)
Have raised this verbally
Have discussed these issues with clients
7.
Have you received any form of communication suggesting certain contractual clauses do or do not apply in the context of Covid-19? Please tick all that apply.
Requests to continue working
Clients/subcontractors formally reserving their position
Relevant events clauses
Relevant matters
Compensation events
Force majeure clauses (or equivalent)
Liquidated and Ascertained Damages clauses
Various clauses
Other (please specify)
8.
What would assist you in resolving issues relating to contracts?
Government and/or industry guidance to the industry on applying contractual terms
Common process for working through these issues in relation to individual projects
Model letters, notices, and variation agreements
Mediation process for resolving contractual disputes
Specific dispute resolution process
Legislation to prevent invoking certain contractual clauses whilst restrictions exist
Other (please specify)
9.
Have you entered into any contracts containing Covid-19 clauses?
No
Entitlement to additional payment due to delay to the project outside the control of the contractor
Exclusion of liability for impossibility to provide the works due to circumstances outside the control of the contractor
Entitlement to suspend and/or terminate for impossibility to carry out the works
10.
Have any of your existing contracts been amended by way of deed of variation or otherwise to reflect Covid-19?
Yes
No
Current Progress,
0 of 10 answered