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COVID-19 Claims

Management

COVID-19 Claims Management

News

30 Mar 2020

Coronavirus business resiliency and claims advice

With growing certainties and uncertainties abound during this time, we look at positives, opportunities and risks in a new light.  

Around the globe the effects of the Coronavirus pandemic on contractual performance are deepening. As delays and disruptions are happening, discussions regarding contract Force Majeure or the common law of Frustrated Contracts are evolving. 

Our Cost Management & Contract Claims Teams are supporting Clients, Contractors and Consultants who are beginning to feel these effects. We understand each project will have its own contract, which will have its own legal idiosyncrasies, therefore each case must be evaluated on its own merit. 

How can we help you? With an eye for the related contractual clauses which could be relied upon to file a claim, utilizing our client’s comprehensive record-keeping, we can foresee potential arguments which would be detrimental to the claim. 

Our best advice would be to put in place proactive actions now. Start by conducting a project progress update immediately, considering all project and supply components. Establish the potential outcomes of not acting now. Identify and record the cost and effect of recovery measures. A major effect of Coronavirus on projects is likely to be disruption as much as delay, to build the best quantification of disruption, businesses must maintain consistent and regular record-keeping which can be referred and referenced during cases. Keep thorough records.

The overwhelming priority should be to mitigate project delay and additional cost as efficiently and effectively as possible.

Join us for a round-table webinar with our Experts to hear high-level guidance on Dispute Resolution considerations including:

  • what are the related contractual clauses on which a client may rely on to file a claim?
  • what potential arguments may be used to reject ta claim?
  • what power do the local courts have when considering Coronavirus as a force majeure?

To register your interest and receive an invite, please email jolene.paterson@compass-pc.com with the subject line: Dispute Resolution Webinar

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