Abstract:
COVID-19 catastrophe has created various complications related to the construction
industry. Conflicts arise between parties to the contract and among the majority of
stakeholders. A successful contractual implication can manage the contractual
challenges arising within construction job sites. The most common contractual
provisions for the situation are Force Majeure and Changes in Legislation clauses in
standard conditions of contracts. Sufficiency of the available remedies under the
provisions applicable to COVID-19 or any other pandemics is a current talking point in
the construction industry. Following questions are addressed to manage these
unprecedented situation-related contractual conflicts: ‘what are the contractual
challenges faced by the construction industry?’, ‘what are the most applicable
contractual provisions to a pandemic situation?’, ‘what are the pandemic-related
guidelines applicable to the construction industry?’, and ‘what are the available legal
cases to use in a pandemic situation?’ The questions were discussed by carefully
analysing existing literature referring to Case Laws. Future researchers are encouraged
to suggest appropriate strategies for contractual challenges to facilitate the construction
stakeholders to prepare them for future pandemics.
