Construction and Planning Law
Abdulla, Mohammad Ibrahim Abdulrahim, ‘Use of Specialized Tribunals for the Settlement of Construction Projects in Times of a Financial Crisis: Lessons Learned from the Dubai 2009 Financial Crisis and the Covid-19 Pandemic’ (2023) 12(3) Global Journal of Comparative Law 256–279 Abstract: Abstract Financial crises have ripple effects throughout several sectors. Both the 2008 financial crisis and the recent covid-19 crisis significantly impacted the financial sector. The government of Dubai devised numerous legislative solutions to the 2008 crisis, one of which was creating special tribunals. The success of the legislative remedies adopted by Dubai’s government during the covid-19 crisis is also worthy of attention. This study aims to draw lessons from both crises in recognition of their considerable potential to serve as remedies during emergencies. Moreover, it seeks to analyze arbitration and insolvency/bankruptcy procedures utilized by specialized tribunals.
Abuzaid, Riham, ‘Legal Characterization of the Challenges Faced by the Construction Industry During Covid-19 And Devaluation of the Egyptian Pound’ (Master’s Thesis, The American University in Cairo, 2022) Abstract: With all the challenges this past decade has inflicted on the economy on a global scale, Egypt had its share with two major events, starting with the Egyptian pound devaluation against the U.S dollar in 2016 and currently the emergence of the COVID-19 pandemic. These major events instigated the interference of the legal/contractual sectors in the construction market to find solutions that range from agreeable to stringent to protect the assets of their beneficiaries. Both events are impactful and require extensive analysis to determine and classify each situation. This thesis addresses the implementation of standard internationally acknowledged legislative acts used in Construction Contracts but are yet to experience practically for the first time in decades, whether under Hardship ‘Théorie de l’imprévision’, Force Majeure or Change in Legislation. The purpose of this thesis is to explore and analyse the various categories which these two events are under to enable them to survive during the countries’ sudden events. A detailed research is conducted to study the impact of the devaluation of the Egyptian pound and COVID-19 in the Construction projects in Egypt to categorize each event from a legal and Contractual perspective.
Barrett, Nick, ‘Straws Worth Clutching At’ (2020) 31(6) Construction Law 1 Abstract: Discusses the views of economic forecasters on how the economy will respond following the COVID-19 lockdown, and the renewed focus of the UK and devolved governments on infrastructure investment. Highlights research by Turner & Townsend on the impact of COVID-19 on the construction industry and how it may be able to improve productivity through smarter working practices.
Bowes, Ashley, ‘Emergency COVID-19 Grants to Help Heritage Projects Unveiled’ [2020] (9) Journal of Planning and Environment Law 983–984 Abstract: Highlights the announcement by Historic England that grants from the COVID-19 Emergency Response Fund will be made to 70 heritage projects. Details the purpose of the grants, the maximum amounts available, and the types of project that have benefitted, including Aldeburgh’s heritage collections and the Mary Rose Museum in Portsmouth.
Bryden, Chris and Georgia Whiting, ‘To Terminate or Not to Terminate, That Is the Question’ (2020) 31(6) Construction Law 27–29 Abstract: Examines case law on the right of an innocent party under common law to treat a contract as repudiated where there is no express termination clause; what amounts to a repudiatory breach; how the innocent party can minimise the risk of being found to be in repudiatory breach of contract themselves; and how the risk of losing the right of election can be minimised including where a potential repudiatory breach is cured prior to purported repudiation.
Brzezińska-Rawa, Anna, ‘The Impact of the COVID-19 Pandemic on Spatial Planning and Construction Law: Or How the System was Turned Upside Down’ in Frydrych-Depka, Anna, Maciej Serowaniec and Zbigniew Witkowski (eds), Pandemic Poland: Impacts of Covid-19 on Polish Law (Vandenhoeck & Ruprecht, 2021) 133
‘Building Contract Law: Hindrance to the Provision of Services by COVID-19’ [2020] (9 April) Lawyer (Online Edition) 1 Abstract: The article focuses on the impact of Covid-19 pandemic on construction law. It mentions consequences of this for construction projects depend on the work contracts. It also mentions that for difficulties that arise for a contractor as a result of COVID-19 force majeure he can therefore generally not claim any additional costs, and the contractor is also not entitled to adjust the contract on this basis.
Caine, Catherine A, ‘Applying for Development Consent during Lockdown: The Sizewell C Nuclear Power Station’ (2020) 22(2) Environmental Law Review 81–84 Abstract: Considers the application by the Sizewell C Nuclear Power Station for development consent during the coronavirus pandemic, whether full public consultation on the matter is possible, and why action is needed by the Planning Inspectorate to ensure such consent is preserved during restrictions.
Cannon, Josef and Cristina Howick, ‘Disinfectant’ [2020] (9) Journal of Planning and Environment Law 979–982 Abstract: Discusses, using an analogy with disinfectant’s role in combating COVID-19, the potential effects of the coronavirus pandemic on UK housebuilding targets. Reflects on the cessation of housebuilding, the likelihood of recession, and whether a ‘tilted balance’ would help the planning system to deliver homes. Considers whether planning permission actually results in new houses, and the arguments for relaxing the ban on green belt development.
Clark, Gordon, ‘Scotland’s Divergent Path of Planning Reform’ (2020) 2036 Estates Gazette 42 Abstract: Contrasts planning reform in Scotland and England, focusing on use classes, permitted development, proposals for future reform and COVID-19-related changes.
Dunna, Gracious Timothy and Ronak Desai, ‘SCL-India Survey 2020-21: On the Impact of Coronavirus Pandemic on the Construction and Infrastructure Industry’ (SSRN Scholarly Paper ID 3850832, 1 January 2021) Abstract: SCL-India, with the support of the Western-India Chapter, took the initiative to create a national resource of information for and by the construction and infrastructure industry about the impact of coronavirus (COVID-19), force majeure events, and the delivery of services. We believe that the survey has helped us identify current and future legal needs arising from the pandemic and related lockdown measures. The Reporters, Gracious Timothy Dunna and Ronak Desai, created the Survey and prepared the following Report, after receiving comments from members of SCL India. SCL-India welcomes comments, feedback, and observations concerning the Survey and the Report for inclusion and implementation by SCL-India.
Findlay, David, ‘Don’t Go It Alone’ (2020) 2039 Estates Gazette 63 Abstract: Explains the importance for valuers of collaborating with letting agents, capital markets peers and clients during the coronavirus pandemic, in light of the RICS’ recommendation in March 2020 that a material valuation uncertainty clause (MVUC) be included in valuation reports. Notes that, although the MUVC has seen a gradual exclusion as recovery has progressed, the RICS still endorses the inclusion of a market condition clause.
Flynn, Alexandra and Amelia Thorpe, ‘Pandemic Pop-Ups and the Performance of Legality’ (UNSW Law Research Paper No 21–44, 2021) [forthcoming in Rianne van Melik, Pierre Filion and Brian Doucet (eds), Global Reflections on COVID-19 and Urban Inequalities (Bristol University Press, 2021) vol 3: ‘Public Space and Mobility’ 25-35]
Abstract: Cities around the world have rushed to respond to the coronavirus pandemic by regulating public space to promote social distancing and stimulate economic recovery. The resulting decisions are what we term ‘pandemic pop-ups’ - hasty, real-time, and temporary changes to the use and regulation of public space. Focusing on Toronto, Canada and Sydney, Australia, we argue that pandemic pop-ups extend beyond immediate infrastructure needs to how cities govern generally. Pop-ups may replace cars with bikes or extend restaurants into streets, and for this they have been celebrated: for saving jobs, and for making streets safer and more enjoyable. Pandemic pop-ups are not universally positive, however. They also remove tent encampments, make racialized residents more vulnerable to sanctions, and rush through controversial infrastructure projects. As we consider pandemic and post-pandemic cities, the governance of pop-ups demands critical scrutiny. The laws that regulate urban space are always open to multiple interpretations (Cover, 1983). The force of law depends on its social context, on the ability of legal actors to give effect to their preferred interpretations and the lack (or inability) of others to challenge those interpretations. Through pop-ups, cities enact a particular form of legality – by which we mean not just legal texts, but the range of rules, practices and understandings through which those texts take effect in the world – that weakens democratic oversight and participatory processes. With an emphasis on speed over process, pop-ups have invariably been deployed without oversight or engagement, and rarely involving the voices of racialized or vulnerable people. We recognize the value that pop-ups can bring to cities – socially, economically and environmentally – as well as the urgent challenges that make pandemic pop-ups critical. In this paper, however, we focus on more troubling aspects that have often been overlooked. To do this we challenge two features that are conventionally associated with pop-ups: their irregularity and their scope. First, most accounts describe pop-up planning as exceptional, a deviation from usual practices of decision-making. Yet in the time of COVID-19, pop-ups are the ‘new normal’. Second, we argue that pop-up infrastructure is broader than previously acknowledged, extending beyond bike lanes and patios to homeless encampments and policy proposals. Since pandemic pop-ups re-shape public space and the regulations through which it is governed, decisions must be made within a framework of inclusive and participatory decision-making.
Hammerschlag, David, ‘Case Managing Building Litigation during COVID-19: “Will We Go Back to the Way We Were?”’ (2022) 37(5) Building and Construction Law Journal 437–441 Abstract: In March 2020, when the COVID-19 pandemic reached New South Wales it necessitated changes to case management. Some of the changes brought challenges but, strangely enough, some improvements and additional efficiencies have been achieved. I suspect that we will not go back to the way we were in all respects. I propose to identify the pandemic driven case management changes, identifying those which I think are here to stay, wholly or in part.
Held, Mateja and Kristina Perkov, ‘Spatial Planning in the EU and Croatia under the Influence of Covid-19 Pandemic’ (2022) 6 EU and Comparative Law Issues and Challenges Series (ECLIC) 591–624 Abstract: Spatial planning is an interdisciplinary process dealing with practices of regulating and transforming the space, including experts from various fields such as lawyers, spatial and urban planners, geographers, civil engineers, economists, sociologists, etc. Spatial plans are general acts that arise due to the complex spatial planning process in which public participation is a necessary tool for transparent and legal procedure. They impact human rights due to their influence on a healthy environment, organization of life, quality of public services, green areas in the cities, etc. Spatial plans also deal with the economic aspect of investments, urban planning, and development of a particular territory. Cities are rapidly evolving and are characterized by density and overcrowded population, so the EU has a special interest in the adequate organization of the space. Consequences of the COVID- 19 pandemic have produced a need for a different land use regulation from the established one. New challenges for the Member State’s governments include regulation for the organization of life and everyday needs in 15 minutes’ walk areas (work, market, health care, school, kindergartens, public services, parks, etc.). Although the European Union does not have direct competence in spatial planning of each Member State, it has a strong influence on the Member States through regulations (for example, European Spatial Development Perspective, The New Leipzig Charter, etc. which provide a strong framework for good and sustainable urban governance) and practice, as well as through the financial support to the Member States. This paper has two main goals. The first aim of this paper is to analyse how the EU tries to overcome the consequences of the pandemic in the physical planning system (recommendations, guidelines, financial support, consulting, or others). We also aim to discover how the pandemic affected the process of adopting the spatial plans in the Member States on the example of Croatia in one case study. The paper is divided into several parts. After the introduction, the first part of the paper brings an overview of the spatial planning process in the EU and Croatia based on the analyses of the relevant EU and domestic regulations. Next part of the paper deals with the influence of the COVID-19 pandemic on the spatial planning at the EU level, and on the development and adoption of spatial plans in Croatia. This includes the duration of the process, restrictions, and new ways of public participation in the process of the development and adoption of spatial plans (for example online public presentations), the influence on economic development (investments in a building), social distancing, etc. Last part of the paper will contain a research of development and adoption of spatial plans under the influence of the COVID-19 pandemic. The paper concludes with particular suggestions for improving the Croatian situation based on the good practices of the EU.
Herrmann, Michele, ‘Analysis of the Six Preliminary Injunctions Granted in Legal Challenges to COVID-19 Vaccine Mandates for Federal Contractors’ (2023) 15(2) Journal of Legal Affairs and Dispute Resolution in Engineering and Construction (advance article, published online 02 January 2023) Abstract: In September 2021, the Biden administration issued an executive order requiring companies that enter into federal contracts to require and verify that their employees are vaccinated against COVID-19. The executive order has since been challenged in multiple federal district courts. As of the date of submission, six preliminary injunctions have been issued, temporarily ceasing enforcement of the order. This paper is an analysis and summary of the arguments presented and legal reasoning of the courts based on the published court opinions. The key issue common among all six cases was whether the executive order exceeded the scope of authority granted under the Federal Property and Administrative Services Act. The courts reached slightly different conclusions on this issue and had different reasoning, but all issued temporary injunctions. Although most of the injunctions were limited to the plaintiff states, the most notable preliminary injunction was issued by the Southern District of Georgia and was the only one to be issued nationwide. The inclusion of the Associated Builders and Contractors as a plaintiff in that case played a key role in the scope of the injunction being issued on a nationwide scale. Appeals are pending in all cases but given the broad scope of the mandate and the current status of the pandemic, the government faces a difficult appeal.
Holdstock, Emily, ‘Six Months On’ (2020) 381 Property Law Journal 1–5 Abstract: Reflects on the impact of the COVID-19 pandemic on the construction industry. Discusses contractual risk allocation and key provisions in both the NEC and JCT suites of contracts, negotiation of new construction contracts, and the implications of contractor insolvency.
Hughes, Paul, ‘COVID-19 and Construction Contracts’ (2020) 38(12) Irish Law Times 179–184 Abstract: Discusses the impact of COVID-19 on construction contracts. Considers how different types of contract address delay and cost caused by COVID-19 restrictions, a contractor’s entitlement to an extension of time and loss and expense, and force majeure clauses. Examines the JCT Suite, the Public Works Contracts suite, FIDIC and NEC4.
Kirkham, Karen, ‘Hard Cases Make Bad Contracts’ (2020) 31(6) Construction Law 6–7 Abstract: Examines the implications of rare or unforeseen compensation events or force majeure for JCT and NEC construction contracts in light of the impact on the construction industry of the COVID-19 pandemic. Argues that crisis-driven amendments to contracts may result in excessive risk for the contractor and prove to be ineffective.
Klein, Rudi, ‘Spoiling for a Fight’ (2020) 13 Building 34–35 Abstract: Comments on the difficulties contractors may experience when attempting to rely on force majeure to defend contractual delays as the industry emerges from the COVID-19 lockdown. Suggests that the Government could use the Civil Contingencies Act 2004 to adopt regulations mitigating the effects the pandemic has had on the construction industry.
Kongsee, Pongkan, ‘The Issue Implemented and Interpreted Civil Law on the COVID-19 Pandemic Situation as Force Majeure: Focus on Thai Construction Business’ (2022) 15(2) Naresuan University Law Journal 189–212 Abstract: One of the most significant threats that might have an effect on the obligations of the parties to a contract in the construction industry is force majeure. The concept of ‘force majeure’ is fundamentally a civil law phrase, and it may be found in the civil codes of most civil law regimes. However, common law does not recognize it with the same wide meaning and application as civil law does. The law prohibits one or both parties from fulfilling their obligations for reasons that are beyond their control and expectation, the occurrence of a force majeure event has the potential to have a major influence on the performance of the contract. According to the COVID-19 outbreak, COVID-19 scenario and the government anti-pandemic measures deemed or interpreted as force majeure in Thailand construction contract. Thus, it is essential for construction contracts to provide a force majeure clause that has been carefully drafted. This will enable the aggrieved party to delay further execution of the contract’s obligations until the triggering event has passed or, in some instances, to terminate the contract altogether. This paper aims to provide a comparative law analysis of force majeure under the civil law and common law framework of the UK, the US, and Thailand in order to understand the legal implementations in Thailand. Then the duties of the parties to the contract will continue to be a cause of dispute in the future. Therefore, in order to reduce disputes that usually arise in terms of building contracts, analysis of force majeure in construction contracts in Thailand and other countries will be required.
Leadbeter, Paul, ‘COVID-19 Generated Changes to Planning and Development Controls in South Australia’ (2021) 23(4) Local Government Law Journal 84 Abstract: South Australia is presently in the throes of major changes to its regulatory system governing land use, development of land and the development of planning policy against which development assessment decisions are to be made. Eventually the planning and development control system established under the Development Act 1993 (SA) will be replaced by a new system implemented by the Planning, Development and Infrastructure Act 2016 (SA) (the new Act).
Leadbeter, Paul, ‘South Australia: COVID-19 Generated Changes to Planning and Development Controls in South Australia’ (2020) 23(2) Local Government Law Journal 87–91 Abstract: South Australia is presently in the throes of major changes to its regulatory system governing land use, development of land and the development of planning policy against which development assessment decisions are to be made. Eventually the planning and development control system established under the ‘Development Act 1993’ (SA) will be replaced by a new system implemented by the ‘Planning, Development and Infrastructure Act 2016’ (SA) (the new Act). The state is in a transitional phase. The provisions of the new legislation which create the State’s planning authority, the State Planning Commission, have been implemented and the Commission appointed. Local councils have all appointed their Council Assessment Panels as required by the new Act and development decisions under the ‘Development Act 1993’ (SA) assessment procedures are being made by the new bodies. If the implementation of a major new planning system with new legislation and planning policy was not already causing some issues, the advent of the COVID-19 pandemic in South Australia has brought additional complexities including amendments to the regulatory system governing development controls.
Longley, Nick, ‘COVID-19 and the Concept of Damage for Construction Insurance Claims’ (2020) 36(1) Australian Insurance Law Bulletin 11–14 Abstract: This article considers to what extent an outbreak of COVID-19 on a construction site will impact on any construction insurance contracts. It will specifically consider to what extent the presence of COVID-19 on site can be considered damage for the purposes of the material damage section of a contract works insurance contract.
Massey, Peter and James Hallas, ‘COVID-19 and the Challenges for Implementing Changes to the Building Safety Regime’ [2020] (July/August Supplement) Housing Law Monitor vii–ix Abstract: Reports on Government pledges to ensure building safety measures are a continued focus, despite the coronavirus pandemic, which include: the introduction of a new national building Safety Regulator; reforms to the duty holder regime; improving resident engagement; increased regulation of construction products; and promoting competence in the construction industry.
McLeod, Glen, Chelsea White and Lea Hiltenkamp, ‘COVID-19 and Its Impact on Town Planning Law’ (2020) 47(4) Brief 10–11 Abstract: The outbreak of coronavirus, or COVID-19, has significantly disrupted every facet of life. Planning law has not been immune. Landowners and developers may find themselves hard-pressed to meet deadlines for the substantial commencement of a development approval within the statutory two years1 or the implementation of a subdivision approval within the statutory period of three or four years2 (depending on the numbers of lots in the subdivision) and meet deadlines associated with construction and development. Are there options for parties to retain their approval when circumstances make it difficult to comply with the time limits? Since the submission of this article, further important changes were made to the planning law regime. Some of those changes build on the comments made in the below article. We have prepared a summary of those changes, which can be found.
Meinherz, Franziska X and Livia Fritz, ‘“The Crisis Justified the Urgency, but Now We Have to Go Back to the Rule of Law”: Urban Mobility Governance during Covid-19’ (2023) Environmental Politics (advance article, published online 12 August 2023) Abstract: During COVID-19, many cities built pop-up infrastructure for cyclists and pedestrians. We analyse the experiences of Geneva and Lyon through a qualitative approach based on document analysis and interviews with institutional and societal actors. We explore what contributed to the development of pop-up infrastructure during COVID-19, and how these interventions were shaped by and affected policy-making processes and actors’ agency. We found that COVID-19 accelerated social and political trends regarding urban mobility. In both cities, authorities used the crisis to push through existing plans. Authorities’ commitment and the existence of ready-to-implement plans proved crucial. The implementation processes constituted a breach from usual procedures. In Geneva, this empowered actors who usually act from the margins. In Lyon, authorities adopted pop-up infrastructure as a way to reduce costs. Our study clarifies the potential of experimentation in a context of crisis for urban climate governance and highlights the democratic implications of such interventions.
Mishra, AK, Anubhav Pokharel and Aithal P S, ‘Safety Measures Implemented at Site during COVID-19: A Case from Nepal’ (2023) 8(2) International Journal of Management, Technology and Social Sciences (IJMTS) 71–82 Abstract: The situation has been unexpectedly bad with the rise of the global pandemic Coronavirus Disease (COVID-19). Construction industry has been struck with the challenges like human fatalities, decrease in labor productivity, disrupted material supply, and an unsafe working environment due to COVID. However, some of the major construction projects in the Koshi Province of Nepal were in operation even during COVID. The research aims to compare the safety measures implemented at the site during COVID-19 of Birat chowk- Ghinaghat and Kisan Chowk – Tandi – Ramite khola Road Upgrading Project. Design/Methodology/Approach: Data related to Safety Management Practices of construction projects at pre-COVID and COVID phases were collected by questionnaire survey. Data related to safety practices was collected through a checklist during field observation, questionnaire survey as well as key informant interview. The obtained data were analyzed using statistical tools such as correlation analysis and also general descriptive statistical tools and content analysis were performed. Findings/Result: The safety practices adopted during COVID, both the construction projects were found to have adopted similar measures of precautions to maintain workplace safety. On the other hand, Kisanchowk- Tandi- Ramite Road Upgrading Project seems to be less affected by the pandemic as several indicators remained neutral as compared to earlier conditions. The basic approaches such as masks, face shields, social distancing, hand washing, and sanitization were found to be practiced whereas higher preventions like vaccination for workers, and provision of COVID insurance was not practiced. This indicated that the contractor primarily focused on work completion disregarding the safety of workers at the workplace. On the other hand general safety provisions were found different on comparing the two projects as on seven studied parameters, different parameters were found to be highly differing in rank.
Nowak, Maciej and Małgorzata Blaszke, ‘Changes in Spatial Planning Law after the COVID-19 Pandemic’ (2024) 95(5) Town Planning Review 477–484 Abstract: The COVID-19 pandemic has changed social, economic and territorial conditions globally. It has also initiated debates related to local and regional development issues, urban and rural development and modifications to existent spatial planning systems. This article focuses on one of them and includes consideration of the diagnosed objectives of spatial policies in legal regulations. Here, doubts and dilemmas are particularly noticeable, and this article defines the key directions of discussion that have occurred and are occurring with regard to changes in European spatial planning systems’ regulations as a consequence of the COVID-19 pandemic. Despite the lower incidence of COVID-19, the threat of a pandemic still exists. However, it is much lower than it used to be. This allows assessment to be made with some temporal perspective. In the authors’ view, this kind of assessment is much needed. On the one hand, it is useful to refine the diagnoses formulated during previous phases of the pandemic. On the other, the lower risk has made the public authorities of some countries and cities forget the lessons learned from the pandemic. The article proposes directions for possible and advisable future research. The pandemic changed debate on the spatial aspects of urban development.
Pichihua, Yeimis, ‘Recodification of the Latin American City: Emerging Urban Legislation in the Pandemic Era’ (2023) 8(3) Environmental Science & Sustainable Development 1–8 Abstract: In recent years, urban policies have been transformed in response to the pandemic. The new normality has translated into a new urbanity, in the broadest sense of the word; that is, into new rules that shape daily life and the production of urban space itself. However, in Latin America, most of these measures have been contingent on the emergency, as they have not been translated into structural or long-term policies. This research focuses on the changes experienced in urban legislation as of 2020. Period where national governments had to simultaneously confront health problems and pre-existing urban dysfunctionalities. This is a descriptive study outlining the landscape of emerging urban policies. It focuses on visible changes at the Latin American level, The results reveal that many Latin American countries have changed their urban policies during the pandemic, including a growing interest in social housing. Among the issues addressed are land regulation, the right to the city, the management of public spaces, informal settlements, etc. In conclusion, the pandemic was the scene of a change of course based on new urban policies. These policies improve the management of our cities and make it possible to build more sustainable and equitable spaces.
Quinn, Kelly, ‘Suspension of Construction Contracts in the Time of COVID-19’ [2020] (May) New Zealand Law Journal 144–147 Abstract: With apologies to Gabriel Garcia Marquez, the title sums up both the subject-matter of this article, and its goal. In short, my argument is that under NZS 3910:2013 (generally thought to be the most commonly used standard form contract for non-residential construction projects in New Zealand), the Engineer ought to have issued a notice of suspension in response to the COVID-19 lockdown.
Raka, Gunawan, Hamzah and I Gede Arya Bagus Wiranata, ‘Disruption Of Legal Review During the Covid-19 Pandemic and The Role Of Mediation In An Agreement Settlement’ (2022) 15(2) Baltic Journal of Law & Politics 2021–2038 Abstract: Physical construction or construction is a field that continues and develops at all times. Construction is an activity that displays the splendor of a country’s civilization. Every era leaves evidence of civilization through development. The construction of office and residential buildings, and even areas, is an activity performed by the private sector and the general public as consumers. Since the end of 2019, China has faced a new virus attacking humans, which has spread to become a global pandemic known as Coronavirus Disease-19or (Covid-19). All countries are moving behind with the speed at which the virus is spreading and terminating, whereas health Protocol occupies a superior position compared to all other aspects. Covid-19 disrupted all aspects, including the construction sector. The construction agreement was taken, hostage. The developer company failed to build because the bank failed to provide credit due to the precautionary principles; the consumer became a vulnerable party in constructing this legal relationship. This research is normative-analytic by tracing legal theories to solve construction agreement failure due to Covid-19. The results of the study found that the force majeure theory was not fully applicable to this problem. The theory of impossibility is better able to enter into the completion of a construction agreement disrupted by Covid-19. Good faith is an essential asset for lead parties to solutions based on interests. The path of re-negotiation, mediation, or arbitration motivates the court to legitimize the construction agreement’s completion.
Raliile, Mohlomi, Theo Haupt and Mariam Akinlolu, ‘Rethinking Construction Health and Safety Legislation Compliance: Lessons Learnt from COVID-19 -Pilot Study’ (Proceedings of the Joint CIB W099 & W123 International Conference 2021: Changes and Innovations for Improved Wellbeing in Construction, 2021) Abstract: Despite numerous attempts to enforce construction health and safety legislation, low levels of compliance with health and safety requirements and high rates of accidents continue to exist in the construction industry. The far-reaching impact of the novel coronavirus has spawned the attention of international and national regulatory bodies and has led to the promulgation of emergency legislations both temporary and permanent. This study aims to identify lessons learnt from the COVID-19 pandemic to rethink the significance of health and safety legislation. The study further identifies how these changes have improved the overall safety landscape on construction sites. A quantitative method of data collection was adopted, and data were analysed using IBM Statistical Package for Social Sciences (SPSS) version 25. Descriptive and inferential statistics were used to analyse the data collected. The sample size for the study was 21 contractors in the region of Kwa-Zulu Natal province in South Africa. This is a pilot study which forms part of an ongoing empirical research. The study reveal that construction companies are conducting COVID-19 risk and mitigation plans, detailing the implementation plans for the safe re-activation of construction sites and the industry. It is incontestable that the pandemic has succeeded in probing the alertness, readiness and commitment of construction stakeholders as they are obliged to protect, respect and fulfil the rights to health of their workers. Although there are challenges regarding the susceptibility of the industry to the consequences of COVID-19 such as contractual obligations, additional provisions, pricing strategies and supply chain changes; the rapid response to the pandemic by construction stakeholders is unprecedented and commendable. It is hoped that after the pandemic, contractors will maintain the level of commitment and compliance with health and safety legislation in pursuing the full realisation of the health and safety of their workers as a do or die situation.
Sergeant, Michael, ‘Variations and COVID-19 Claims’ (2020) 15 Building 40–41 Abstract: Considers whether variation clauses in construction contracts could be invoked to address changes such as the scope of work or revised methods of working as a result of the coronavirus pandemic.
Shapiro, Steven, Shaheeza Lalani and Derek Heath (eds), Hospitality & Construction Disputes Post-Covid (Brill Nijhoff, 2023) Link to book page on publisher website
Book summary: The hospitality and construction industries are international economic drivers, with complex economic relationships and diverse legal issues. Cases and rulings are not static and move along a continuum in time and context. The evolution of legal agreements and disputes in hospitality and construction are not confined to any sort of strict schedule. This volume addresses the many cases and experiences of parties, counsel and arbitrators during the pandemic, and discusses issues such as key contract provisions, the impact of the COVID pandemic on investment treaties, and access to arbitral institutions.
Sitdikova, GZ, MV Lifanova and OV Kornelyuk, ‘Legal Framework for the Design and Construction of COVID Hospitals in the Russian Federation’ in Dmitry Ivanov, Aleksandr Panin and Inna Sukhanova (eds), Proceedings of ECSF 2021 (Springer, 2023) 219–225 Abstract: The paper discusses the legal framework for the design and construction of modern high-tech prefabricated healthcare facilities. It highlights the challenges faced by design and construction works in the context of the coronavirus pandemic. With limited timeframes, healthcare construction projects are using prefabricated technologies that are supposed to meet the highest of construction standards and allow for operation of modern healthcare equipment. This task is being solved also at the legal level. All things considered, the issues of legal regulation of COVID hospitals design and construction in the Russian Federation relevant require due attention.
Stemler, Taylor, ‘Construction Law: Covid-19 Forces Contractors to Examine AIA Agreements’ (2021) 78(3) Bench & Bar of Minnesota 12–13 Abstract: Implied in contract law is the assumption that the world will remain the way the contracting parties imagined at the time of formation. This principle originated from an early English case, where a venue owner was excused from renting out a music hall unexpectedly destroyed by fire.1 The covid-19 pandemic has sparked many ‘fires’ of its own—not only for parties left unable to fulfill contractual obligations, but also for lawyers attempting to determine their client’s exposure under these agreements. The cumulative effects of the pandemic are especially problematic in the construction industry, as supply chain and workforce issues slow operations to a halt.2 Fortunately, contract attorneys have learned from situations like the burned down music hall and have developed contractual devices to assign unforeseen risks to parties. These force majeure clauses are now common and variants have even made their way into the American Institute of Architects industry standard contract form.3 Whether covid-19 is covered under these clauses depends largely on their terminology and the yet-to-be-understood effects of the pandemic.
Stewart, Edward, ‘Storm COVID Blows through the Wind Industry’ (2020) 31(6) Construction Law 12–13 Abstract: Analyses the effect of COVID-19 on the wind power industry where forecasts estimate reductions as high as 9GW in 2020 installations, and what reliefs there may be for such projects under FIDIC Silver Book 1999 edition.
Summerell, Tracey, ‘Good Behaviour’ (2020) 31(6) Construction Law 33 Abstract: Considers the UK Government’s call for good contractual behaviour by parties to construction contracts to support an economic recovery following the COVID-19 pandemic, and how businesses can observe best practice in meeting their contractual obligations.
‘Tax-Saving Opportunities for the Housing and Construction Industries’ [2020] (December) Tax Adviser 1–5 Abstract: The article focuses on Paycheck Protection Program loans, navigating the tax law changes in the Coronavirus Aid, Relief, and Economic Security (CARES) Act and keeping their businesses moving forward despite significant challenges created by the COVID-19 pandemic. It mentions tax-saving opportunities for the housing and construction industries and the research and development (R&D) credit may be second nature. It also mentions how tax preparers can claim tax benefits.
Thanvi, Irfan Ali, ‘UAE Legal Amendments During the Covid-19 Pandemic’ (2022) 7 Law & Political Review 109–127 (see pages 116-117)
Tokazhanov, Galym et al, ‘The Pandemic Readiness Assessment of Building Design and Engineering Service-Related Legislation in Kazakhstan and the EU’ [2022] Engineering, Construction and Architectural Management (advance article, published online 7 December) Abstract: The current COVID-19 pandemic is influencing our life in every aspect, including working and living environments. Millions of people were forced to isolate themselves in their homes, which has posed significant pressure on buildings and shown us that our dwellings are not designed for such purposes. This is partly due to the fact that homes are designed and built for occasional use rather than isolated and long-term occupation. The legislative system of a country plays an important role in defining and shaping the conditions of people living there. Hence, the aim of the study is to evaluate the readiness of Kazakhstani and the EU construction-related legislation for pandemics.
Turner, Duncan and Amy Roberts, ‘COVID: A Catalyst for Change?’ (2020) 31(6) Construction Law 24–26 Abstract: Examines the legal implications relating to the implementation of new technologies and processes that aim to help the construction industry ensure compliance with ongoing COVID-19-related restrictions in the workplace and how such technologies may be adopted in the longer term. Highlights the need for the purchaser to carefully review contracts with suppliers of such technology.
Viljoen, Nick, ‘COVID-19 and Change in Law’ (2020) 31(6) Construction Law 21–23 Abstract: Considers whether changes to a contractor’s working methods or procedures in compliance with the Government’s COVID-19 Standard Operating Procedures could qualify as a change in law or a variation or whether such changes fall within the principal contractor’s pre-existing obligations under the Construction (Design and Management) Regulations 2015.
Vines, Katherine, Scott Watson and Steve Swan, ‘Lock down Your Rights: Practical Tips for Administering Construction Contracts during COVID-19’ (2020) 31(4) Australian Construction Law Bulletin 45–47 Abstract: Australia is presently grappling with some unprecedented changes brought by the COVID-19 outbreak: personnel in quarantine, borders closing and worksites at a daily risk of lockdown. In this article, we summarise how this risk may be allocated under construction contracts and provide some practical tips on the administration of those construction contracts in light of the impact of COVID-19.
Wolf, Michael Allan, ‘Zoning Reformed’ (2021) 70(2) Kansas Law Review, 171–242 Abstract: It has been roughly a century since early advocates of zoning took notice of how crowded and congested housing conditions contributed to the spread of disease (including the then-recent H1N1 pandemic). The U.S. Supreme Court had just rejected on property rights grounds a city ordinance that expressly segregated neighborhoods by race. One hundred years later, the exposure of the weaknesses embedded in our system of public land use regulation during the crises of 2020 presents a unique and timely opportunity for serious consideration of major and minor adjustments to state statutes, local ordinances, and judicial decisions. This Article calls for a comprehensive reform of zoning, eschewing pie-inthe-sky or revolutionary changes. It presents for the first time to state legislators, local officials, judges, academic commentators, and law and planning professionals a comprehensive set of achievable steps to take now in anticipation of future pandemics, in response to current and anticipated public health emergencies caused by climate change, and in addressing (at long last) social justice issues directly tied to undeniable elements of systemic racism caused and exacerbated by the paucity of safe, affordable housing. History will determine whether American public officials and private-sector participants will have attended to the painful lessons from the current crises in order to fine-tune zoning and land use regulation, or whether the U.S. will go back to our old and harmful habits once again.
Wright, John D, ‘COVID-19: The Insurance Implications’ (2020) 31(6) Construction Law 30–32 Abstract: Discusses what insurance covers may be applicable and to what extent losses may be recoverable in COVID-19-related claims where ‘fundamental’ risks including pandemics are generally outside the scope of the insurance market. Highlights the need for a joint approach between insurers and the Government to deal with the financial implications of future pandemics
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