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    Interpreting Contractual Rights to COVID-19 Remedies: An Analysis of Cases

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2022:;Volume ( 014 ):;issue: 004::page 06522002
    Author:
    Jennifer Charlson
    DOI: 10.1061/(ASCE)LA.1943-4170.0000542
    Publisher: ASCE
    Abstract: The construction industry has been adversely impacted by the COVID-19 pandemic including significant delays on projects and outbreaks of COVID-19 on site. UK legal cases interpreting contractual rights to COVID-19 remedies are analyzed in this paper. The analysis of UK legal cases regarding potential contractual rights to COVID-19 remedies including change in law, force majeure, and frustration has revealed the barriers to recovery of losses. Instead, construction companies could consider focusing on more commonly used contract provisions, for example, extensions of time and prolongation claims or compensation events. The UK Supreme Court has ruled on the possibility of payment from business interruption insurance. Even the UK government has failed to comply with public procurement law under pressure of the COVID-19 pandemic. The High Court in London has ruled that landlords are entitled to recover rent and service charges owed to them by tenants whose businesses were mandated to close by coronavirus restrictions.
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      Interpreting Contractual Rights to COVID-19 Remedies: An Analysis of Cases

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    https://yetl.yabesh.ir/yetl1/handle/yetl/4287749
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    contributor authorJennifer Charlson
    date accessioned2022-12-27T20:39:47Z
    date available2022-12-27T20:39:47Z
    date issued2022/11/01
    identifier other(ASCE)LA.1943-4170.0000542.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4287749
    description abstractThe construction industry has been adversely impacted by the COVID-19 pandemic including significant delays on projects and outbreaks of COVID-19 on site. UK legal cases interpreting contractual rights to COVID-19 remedies are analyzed in this paper. The analysis of UK legal cases regarding potential contractual rights to COVID-19 remedies including change in law, force majeure, and frustration has revealed the barriers to recovery of losses. Instead, construction companies could consider focusing on more commonly used contract provisions, for example, extensions of time and prolongation claims or compensation events. The UK Supreme Court has ruled on the possibility of payment from business interruption insurance. Even the UK government has failed to comply with public procurement law under pressure of the COVID-19 pandemic. The High Court in London has ruled that landlords are entitled to recover rent and service charges owed to them by tenants whose businesses were mandated to close by coronavirus restrictions.
    publisherASCE
    titleInterpreting Contractual Rights to COVID-19 Remedies: An Analysis of Cases
    typeJournal Article
    journal volume14
    journal issue4
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000542
    journal fristpage06522002
    journal lastpage06522002_4
    page4
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2022:;Volume ( 014 ):;issue: 004
    contenttypeFulltext
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