The COVID-19 pandemic has disrupted construction industries worldwide. W113: Law and Dispute Resolution Commission joint co-ordinators, Dr Andrew Agapiou and Jennifer Charlson, were pleased to host the “COVID-19 Construction Challenges through a legal lens: UK and Australian perspectives” webinar on 21 October 2020, together with Rebecca Dickson, Monash University and John Beever (AUST.), part of the ACCIONA Australia group.
The webinar attracted 165 registrations and considered the consequences of the COVID-19 pandemic on the law applicable to construction industries in UK and Australia. The scene was set by reviewing the origins of the COVID-19 pandemic resulting in the restrictions mandated by both countries’ Prime Ministers in March 2020.
Legislative change for both jurisdictions was reviewed. The extent of the myriad of health protection regulations, orders and determinations was illustrated. Unsuccessful legal challenges, opposition and criticism were investigated. The construction industry health and safety COVID-19 guidance was discussed and concern about the uncertainty around its legal standing analysed. Enforcement of and increasing resistance to COVID-19 restrictions was examined. Construction case law, so far limited to judges endeavouring to progress construction disputes expeditiously, was studied. Construction contract COVID-19 remedies were explored. Judicial precedent on the interpretation COVID-19 impacted projects’ construction contracts was anticipated.
