Covid-19 & whose effect on construction industry

Sri Lanka
Route 1 Route 2
cl- 13.7-adjustment for changes in cl- 19.1-adjustment for changes in legislation
legislation  satisfy below condition
 curfew could be included in change in  (a)beyond the control
legislation  (b)not understood before cont
 (c) could not avoid or overcome-(should be proved
 broad definition of Laws in fidic
but burden of proof laid on contractor.)
 cl.1.1.6.5- law also means regulation  (d) not the attributable (cause) of any party
of legally constituted public authority (as government impose the curfew, so again
 cl.1.13- contractor required to comply different of opinions whether it is attributable or
the regulation. not as government is one party at our contract )
Contractor duty and liable for
Cl 19.2-notive of Force Majeure within 14 days.
Then contractor liable for
1. EOT- cl 8.4
Cl 13.7-notive of entitlement of claim as 2. Financial claim
per cl 20.1 (A) Man-made disasters- for which contractor is
(notice within 28 days) liable {ie 19.1 (ii)to (iv)}
(B) Natural disaster-as 19.1(V)
for which contractor is not liable {ie19.1 (v)}
To EOT-under cl 8.4 and at here contractor only liable for EOT.
Payment. Cl 19.2 says notwithstanding any other clause,
force majeure shall not apply obligation.
So it is not vice decision for contractor to pursue the
claim under this clause, instead of which cl 13.7-

Engineer’s duty
Cl 3.5- Determination as to whether Cl 3.5- Determination as to whether agree or
agree or not, not,
Consult with each party for agreement, Consult with each party for agreement, if not
if not possible determination within 28 possible determination within 28 days of claim
days of claim receipt. receipt.