What is the impact of best endeavours clauses on recovering time lost due to Covid-19?

Question

Have you seen any outcomes or Employer expectations being expressed?

Andrew Crawford · Answer

Tom

Not yet, but then it is probably a bit too early right now and claims need to be formalised on the basis of the delay period, which is incomplete. However, the contention on best endeavours is in two parts from the JCT form,

"the Contractor shall constantly use his best endeavours to prevent delay in the

progress of the Works or any Section, however caused, and to prevent the completion

of the Works or Section being delayed or further delayed beyond the relevant

Completion Date;"

Firstly, prevent delay generally to the Completion Date which is a general obligation overall and secondly prevent further delay to the Completion Date. I do think though that prior to looking at this, the biggest hurdle for Contractors is convincing the Employer or Tribunal that Covid 19 is a Relevant Event under the Contract;

A useful and helpful webinar I attended by Matthew Finn of Keating Chambers is contained in the uploaded pdf below. It is very interesting on Burden of proof , Causation and the "Ripple Effect".

What is the impact of best endeavours clauses on recovering time lost due to Covid-19?

Acceleration

Delay

contract

Tom Spilsted

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