Q&As

Under the JCT and NEC contracts, is the contractor entitled to an extension of time if construction works are delayed due to the impact of coronavirus (COVID-19)?

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Produced in partnership with Julie Morrisey of Clyde and Co
Published on: 23 March 2020
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A contractor may be entitled to an Extension of time due to coronavirus where, for example:

  1. •

    labour Supply is affected

  2. •

    material supplies are delayed by supply chain issues affected by overseas governments exercising statutory powers

  3. •

    the site is closed partially or wholly or restrictions are placed

  4. •

    government exercise of statutory powers

The terms of the contract will determine the routes available to a contractor. This Q&A looks at the provisions in the two forms most commonly used in the United Kingdom—the JCT contracts and NEC contracts.

JCT contracts

Under the JCT Standard Building Contract 2011/2016 there are three possible avenues for a contractor to make a claim for an extension of time:

Force majeure

‘Force majeure’ is not defined in the standard JCT contract (it is advisable to check any schedule of amendments for a definition) but does constitute a ‘Relevant Event’. So long as the

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Jurisdiction(s):
United Kingdom
Key definition:
JCT definition
What does JCT mean?

The Joint Contracts Tribunal who produce a suite of building contracts for use as a standard industry form

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