Coronavirus advice for business
The impact of COVID-19 is such that all employers are being forced to look at how best to protect their business interests and their workforce.
For the construction sector it is likely that construction sites/projects of all sizes will start to slow down until the outbreak is under control.
Whilst health and safety of those working on site will be the principal concern, necessary safety measures will have financial impacts where progress of works will be inevitably interrupted and/or delayed. For employers, a delayed completion date can mean loss of income from completed projects and increased finance costs against which they will normally provide for payment of liquidated damages. Contractors will on the other hand incur direct costs for a prolonged period of applying their resources and incurring site overheads which they will look to recover by way of loss and expense claims.
Which party bears the risk of these delays and the contractual position for recovery of these costs will be of crucial importance to businesses going forward for recovery. It is likely that COVID-19 will be regarded as a force majeure event outwith the control of parties to contracts. Most contracts will contain express provisions for these events to allocate the risk and set out the rights of the parties and are a range of possibilities are commonly encountered. Understanding what your contractual rights are and the contractual procedures to protect these is critical (e.g. where the provisions are made conditional upon service of notices).
If you have any concerns about health & safety, business continuity or whether you could be exposed to liquidated damages or loss and expense claims because of COVID-19, we are on hand to help you understand the extent of the risk - and to understand what your options could be to limit this risk.
Recent updates
What do employers and employees do about holidays during the outbreak?
How to keep track of the most up-to-date, official coronavirus advice
Closure of construction sites due to coronavirus: situation in Scotland and England
What responsibilities do employers have regarding employees and the Coronavirus?
COVID-19 in the construction industry: contract provisions & will liquidated damages be payable?
Key contact - Michael Conroy
Chambers UK Guide to the Legal Profession lists Michael as a "Leader in the Field" in Construction Law, where he has been recognised for his years of experience in contentious and non-contentious construction matters. View full profile.
Construction law advice in Scotland, the UK and beyond
Our construction and engineering team are trusted advisers to developers, contractors and consultants, funders and end users of the full range of construction and engineering projects. This includes residential, commercial real estate (offices, retail, hotel and mixed use developments), renewable energy and infrastructure projects.
Led by Partners recognised as leading practitioners in their field, we deal with all aspects of such projects in the UK and beyond from advising on procurement processes and contract structures to providing strategic guidance during the delivery of a project.
We provide assistance with contract drafting, negotiation, interpretation and assembly for all types of industry standard form and bespoke contracts.
We also provide strategic advice and representation in relation to construction disputes - and can represent our clients at each stage, from negotiation and mediation through to adjudication, arbitration and litigation.
Clients include public and private sector developers, national and international contractors, consultants, sub-contactors, funders, owners, purchasers and tenants, as well as investor owners, purchasers and tenants of completed projects.
Contact us
Call us for free on 0330 159 5555 or complete our online form below for legal advice or to arrange a call back.
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Michael Conroy
Partner
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Euan Pirie
Partner
Why choose us?
We are acutely aware of the commercial as well as the legal considerations facing the construction and engineering sector.
Competitive bidding and pricing, supplier engagement, contract administration, claims management, whatever challenges you face - we are well equipped to advise and help you achieve reasonable packages and resolutions which will protect your business and minimise exposure to risk.
Our team works closely with specialist colleagues in real estate, banking & finance, renewable energy, infrastructure & projects, corporate and planning & environmental to offer a one-stop shop service to our clients on a wide variety of projects.
Our key services include:
- Ancillary document management
- Back-to-back drafting
- Bid reviews
- Contract assembly
- Contract review and negotiation
- Dispute avoidance
- Dispute resolution
- Procurement advice
"They have been really excellent in their knowledge of construction law and particularly PPP - I just can't imagine anyone could be more knowledgeable in this field."
HM CLIENT
Glasgow 2014 valued its relationship with Harper Macleod and the significant investment the firm made through the provision of legal advice, resources and strategic support. As renowned sports law specialists in Scotland, Harper Macleod combined high quality legal expertise with a thorough understanding of the task to deliver the Games. I knew that I could depend on Harper Macleod to support the executive, the legal team and the wider Games objectives and that they were very much ‘in this with us’ throughout the journey. Through strong relationships and professionalism Harper Macleod became an integral part of the Glasgow 2014 team.
Shonagh MacVicar, Head of Legal, Glasgow 2014 Limited
Successful delivery of an international multi-sport event required not only a firm with high quality legal expertise, but also one that was the right corporate fit for an Organising Committee. Harper Macleod aligned its business objectives with our own; and supported us with shared aspirations and ambitions, as well as a passion for sport. As Legal Advisers to Glasgow 2014, Harper Macleod provided clear, balanced and commercially-sound advice – ensuring that it remained an essential part of the Glasgow 2014 team on our journey to the Games.
David Grevemberg, Chief Executive, Glasgow 2014 Limited
Work examples
V&A at Dundee
We are acting for signature Japanese architect KKAA in relation to the drafting and negotiation of their appointment agreement with Dundee City Council as multi discipline consultant for the prestigious V&A Museum at Dundee.
Glasgow 2014 Commonwealth Games
We advised Glasgow 2014 Limited on all contracts for the delivery of overlay for the Games venues for the Glasgow 2014 Commonwealth Games. Our team prepared a variety of template supply contracts for the multitude of necessary contracts for the design, supply and installation of all components and for temporary as well as permanent legacy works. We acted in the drafting and negotiation of the build contract for the conversion of Hampden Park from a football stadium to the athletics venue for the Commonwealth Games.
Final account payment dispute
We acted for a public sector client in relation to a major payment dispute with an infrastructure contractor involving a series of adjudications. We provided strategic advice, advised on legal and factual considerations and reviewed and prepared responses to internal management and external requests for justification of actings. We successfully defended all actions raised for payment of a significant sum and negotiated a binding settlement agreement at a value of less than one fifth of the sum claimed.
Commercial mixed-use development
We prepared and negotiated all construction documentation to be put in place for the design and construction of a 59,000 sq ft cross dock distribution centre and an office. All documentation had to be approved by and negotiated with a purchaser and funder who each required a full suite of warranties and particular project specific environmental guarantees.
Large scale offshore windfarm development
We are advising a construction joint venture comprising one of the world’s largest contractors in connection with a proposed significant offshore windfarm. The contract involves the design, build and installation of substructures for the windfarm which is to be constructed in a unique location. We are advising on the terms of the proposed main contract and also a sub-contracting strategy.
External recognition
Our Construction & Engineering team is ranked by both of the leading legal directories, Chambers UK Guide to the Legal Profession and The Legal 500.
Michael Conroy is listed as a Leader in the Field in Chambers UK Guide to the Legal Profession where he is recognised as having "the essential abilities of being able to articulate to a client the processes involved in the matter in hand, and to give the client confidence and reassurance."
Meet the construction & engineering team
More from Harper Macleod
Why choose us?
You don't need a lawyer - not many law firms will tell you that. What you need is someone to provide a solution, and our advisors are dedicated and flexible enough to do just that.
HM Insights
Visit the HM Insights page to keep up to date with changes to legislation, case law, and our views on other interesting developments in Scotland and the UK.
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With one of Scotland's largest teams dealing with personal legal matters, we have specialist knowledge for every stage of your life - from buying a house to protecting your assets.