How to Claim for Time & Costs for Project Delays & Disruption Resulting from Coronavirus disease COVID-19

Content Courtesy: FIDIC

With COVID-19 having a serious impact on the construction schedules and completion of construction projects across the world. Many International projects are being delivered under FIDIC standard forms of contract or bespoke contracts based on FIDC forms of contract..

Protect Your Project Interest From COVID-19 Under FIDIC

.FIDIC 1999 Red Book and Plant and Design-Build

19.1 Definition of Force Majeure

In this Clause, “Force Majeure" means an exceptional event or circumstance:

(a) which is beyond a Party’s control,

(b) which such Party could not reasonably have provided against before entering into the Contract,

(c) which, having arisen, such Party could not reasonably have avoided or overcome, and

(d) which is not substantially attributable to the other Party.

Force Majeure may include, but is not limited to, exceptional events or

circumstances of the kind listed below, so long as conditions (a) to (d) above are satisfied:

19.4 Consequences of Force Majeure

If the Contractor is prevented from performing any of his obligations under the Contract by Force Majeure of which notice has been given under Sub-Clause 19.2 [Notice of Force Majeure], and suffers delay and/or incurs Cost by reason of such Force Majeure, the Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:

 (a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and

(b) if the event or circumstance is of the kind described in sub-paragraphs (i) to (iv) of Sub-Clause 19.1 [Definition of Force Majeure] and, in the case of Sub-paragraphs (ii) to (iv), occurs in the Country, payment of any such Cost.

After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters

Accordingly, Notices under Sub-Clause 19.2 and 20.1 can be issued for the following:

The Contractor confirms this Force Majeure is notified for the exceptional event of “Lockout by persons other than the Contractor’s Personnel” pursuant to;

Sub-Clause 19.1

(iii)   “riot, commotion, disorder, strike or lockout by persons other than the Contractor’s Personnel and other employees of the Contractor and Subcontractors,”

The circumstances of this “Lockout by persons other than the Contractor’s Personnel” on the Contractor’s obligations are:

1.    The Contractor’s labour are prevented from leaving their labour camps to attend site.

2.   The Contractor’s essential staff have been prevented from returning to Qatar from foreign countries.

3. The Contractor’s engaged Subcontractors and Vendors personnel have been prevented from entering Qatar from foreign countries.

Adverse effects on local Qatar manufacturing, logistics and transportation.

The effect on the Contractor’s Contract obligations include but are not limited to:

Prevention of the Contractor’s labour attending site due to labour camp quarantine will affect the Contractor’s progress of

Prevention of the Contractor’s essential staff returning to Qatar from foreign countries will affect the Contractor’s progress
of Works.

Prevention of Subcontractors personnel entering the state of Qatar will affect the Contractor’s progress of Works.

4.   Critical Materials and supplies are prevented from being delivered to site due to the adverse effects on local Qatar manufacturing, logistics and transportation.

Notices can be followed up with the Interim Claim under Sub-Clauses 8.4 (d) and 20.1 (a) – INTERIM CLAIM FOR FORCE MAJEURE – CORONAVIRUS (COVID-19)

Content Provide Courtesy of HOW

Useful Project Advise on Protecting yourself and others from the spread COVID

You can reduce your chances of being infected or spreading COVID-19 by taking some simple precautions:

Regularly and thoroughly clean your hands with an alcohol-based hand rub or wash them with soap and water. Why? Washing your hands with soap and water or using alcohol-based hand rub kills viruses that may be on your hands.

Maintain at least 1 metre (3 feet) distance between yourself and others. Why? When someone coughs, sneezes, or speaks they spray small liquid droplets from their nose or mouth which may contain virus. If you are too close, you can breathe in the droplets, including the COVID-19 virus if the person has the disease.

Avoid going to crowded places. Why? Where people come together in crowds, you are more likely to come into close contact with someone that has COIVD-19 and it is more difficult to maintain physical distance of 1 metre (3 feet).

Avoid touching eyes, nose and mouth. Why? Hands touch many surfaces and can pick up viruses. Once contaminated, hands can transfer the virus to your eyes, nose or mouth. From there, the virus can enter your body and infect you.

Make sure you, and the people around you, follow good respiratory hygiene. This means covering your mouth and nose with your bent elbow or tissue when you cough or sneeze. Then dispose of the used tissue immediately and wash your hands. Why? Droplets spread virus. By following good respiratory hygiene, you protect the people around you from viruses such as cold, flu and COVID-19.

  • Stay home and self-isolate even with minor symptoms such as cough, headache, mild fever, until you recover. Have someone bring you supplies. If you need to leave your house, wear a mask to avoid infecting others. Why? Avoiding contact with others will protect them from possible COVID-19 and other viruses.

    If you have a fever, cough and difficulty breathing, seek medical attention, but call by telephone in advance if possible and follow the directions of your local health authority. Why? National and local authorities will have the most up to date information on the situation in your area. Calling in advance will allow your health care provider to quickly direct you to the right health facility. This will also protect you and help prevent spread of viruses and other infections.

    Keep up to date on the latest information from trusted sources, such as WHO or your local and national health authorities. Why? Local and national authorities are best placed to advise on what people in your area should be doing to protect themselves.

    Advice on the safe use of alcohol-based hand sanitizers

    To protect yourself and others against COVID-19, clean your hands frequently and thoroughly. Use alcohol-based hand sanitizer or wash your hands with soap and water. If you use an alcohol-based hand sanitizer, make sure you use and store it carefully.

    Keep alcohol-based hand sanitizers out of children’s reach. Teach them how to apply the sanitizer and monitor its use.

    Apply a coin-sized amount on your hands. There is no need to use a large amount of the product.

    Avoid touching your eyes, mouth and nose immediately after using an alcohol-based hand sanitizer, as it can cause irritation.

    Hand sanitizers recommended to protect against COVID-19 are alcohol-based and therefore can be flammable. Do not use before handling fire or cooking.

    Under no circumstance, drink or let children swallow an alcohol-based hand sanitizer. It can be poisonous. 

    Remember that washing your hands with soap and water is also effective against COVID-19.