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.

Question Title

* 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

Question Title

* 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

Question Title

* 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%

Question Title

* 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%

Question Title

* 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?

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

Question Title

* 6. Have you indicated an intention to use contractual provisions with your clients or other firms in the supply chain?

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

Question Title

* 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)

Question Title

* 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)

Question Title

* 9. Have you entered into any contracts containing Covid-19 clauses?

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

Question Title

* 10. Have any of your existing contracts been amended by way of deed of variation or otherwise to reflect Covid-19?

Yes