The Office for Government Procurement (OGP) recently published updated guidance on public works contracts following measures introduced as a result of COVID-19.

Under the measures, all construction projects engaged in non-essential construction services were required to close.

Pandemic

Finola McCarthy and Alison Bearpark of Ronan Daly Jermyn, in an analysis published on the law firm’s website, say that, unsurprisingly, the Standard Form Public Works Contracts do not specifically cater for pandemics and there was uncertainty in the industry regarding a contractor’s entitlement to additional time and costs under the PWCs as a result of COVID-19.

On 22 April, OGP published a model form supplemental agreement for use to make an ex gratia payment to contractors.

Guidance

The Ronan Daly Jermyn lawyers say this latest guidance, although it applies only to public works contracts, may inform how the private sector will deal with the similar issues it is experiencing as a result of the pandemic.

Previous guidance from the OGP on 14 April advised employers and clients using public works contracts on the conditions of engagement for projects impacted by COVID-19.