BOOKSHELF
In 2020 the United Kingdom was hit by the outbreak of COVID-19, the construction industry and players within it were left to guess what action to take and could not foresee the length of its impact. There were 25m confirmed cases and 232,000 deaths between 2020 and early 2022. Projects nowadays have global supply chains and many were hit by overseas manufacturers not performing their contracted obligations and hiding behind government issued certificates of force majeure in the case of Chinese suppliers. Had people had access to the information in this book before they may well have ordered their affairs differently.
Contractual Performance and COVID-19 is an essential resource. This book provides the most comprehensive exploration of global legal jurisdictions, examining the conditions under which COVID-19 related obstacles may excuse performance or result in the modification or termination of contracts. It offers a thorough examination of the legal principles and doctrines addressing the challenges businesses face in fulfilling their contractual obligations due to the COVID-19 pandemic and the responding government measures implemented.
The book starts with an assessment of the basic principles in contractual relationships such as pacta sunt servanda, the sanctity of contracts, good faith and party intent. It continues with an assessment of various different legal systems, including both civil and common law, such as Austria, Brazil, PR China, Costa Rica, England and Wales, France, Germany, Hong Kong, Russia, Singapore, Switzerland and the USA. For each country, the book examines the following aspects in depth; the relevant fundamental legal principles; the various legal emergencies available to respond to COVID-19 related events; any remedies available and selected examples for specific government measures taken.
The book offers a comprehensive explanation of the conditions under which emergency valves apply in different jurisdictions. It disentangles the complexity of the various legal rules and doctrines across these jurisdictions, demonstrating that they often lead to similar outcomes in practice. By presenting an accessible analytical framework across key jurisdictions and typical scenarios, the book provides valuable insights for businesses, practitioners and academics worldwide.
Whilst the book has used COVID-19 as an example of what happened and how legal systems dealt with it, it is much more than this, anyone estimating or negotiating contracts should understand the framework that contractual performance sits within so that they can price and manage risks as well as choose appropriate governing laws and the thoroughness of the authors makes this book invaluable. Whilst the book is expensive, it is of great value and I would certainly recommend any construction organisation to have a copy in its library.
Sean Sullivan Gibbs FCInstCES