Following the positivie news that building contractors are reopening their sites, developers and contractors are bound to return attention to analysing their respective contractual rights and remedies.    

Closures of sites, ongoing social distancing measures and supply chain issues are just some of the matters which will need to be grappled with as discussions regarding the price and programme effects of COVID-19 continue.  

Although there is no substitute for knowing your contractual rights and obligations, early dialogue between employers, contractors and other key stakeholders may help to stave off contractual disputes down the line.

To that end, the RICS has published a conflict avoidance pledge which has been endorsed by the Construction Leadership Council.  The pledge aims to:

• promote working proactively to avoid conflict and facilitate early resolution of potential disputes
• encourage early identification of potential disputes and the use of conflict avoidance measures
• promote the value of collaborative working to prevent issues developing into disputes
• enhance commitment of industry partners to work together to identify, promote and utilise conflict avoidance mechanisms

The pledge can be accessed here: https://www.rics.org/uk/products/dispute-resolution-service/conflict-avoidance-pledge/