Common use of GLOBAL PANDEMIC Clause in Contracts

GLOBAL PANDEMIC. A FORCE MAJEURE EVENT? The impact of the COVID-19 global pandemic on the Republic of South Africa has among other restrictive measures resulted in our State President Mr. Xxxxxxxxx declaring a national disaster on Sunday 15 March 2020 and on Monday 23 March 2020 imposing a nationwide lockdown in terms of inter alia the Disaster Management Act 57 of 2002 (the Act). The nationwide lockdown is to become effective from 0:00pm on Thursday 26 March 2020 and currently set to endure until 0:00pm on Thursday 16 April 2020. The possibility exists that the nationwide lockdown may be extended beyond that date Construction sites and related activities across South Africa will, in compliance with the imposition of the nationwide lockdown and regulations promulgated to enforce and manage the nationwide lockdown in terms of inter alia the Act, temporarily close and cease to operate from 0:00pm on Thursday 26 March 2020 These unprecedented circumstances have created numerous challenges across all South Africans’ day-to-day business activities and personal lives, which include the challenge of managing the unavoidable impact correctly in terms of the applicable provisions of each contract regulating the contractual relationships between employer, contractor and subcontractor The COVID-19 scenario differs from all other delay and cost claims. The typical time bars in all standard form contracts to give notice or loose the opportunity to claim should not apply for this event – but the prompt provision of all relevant information by all involved to present and resolve the COVID-19 claims is critical. This Advisory Note attempts to provide the procedure parties have to follow as outlined in the JBCC May 2018 edition agreements

GLOBAL PANDEMIC. A FORCE MAJEURE EVENT? The impact of the COVID-19 global pandemic on the Republic of South Africa has among other restrictive measures resulted in our State President Mr. Xxxxxxxxx declaring a national disaster on Sunday 15 March 2020 and on Monday 23 March 2020 imposing a nationwide lockdown in terms of inter alia the Disaster Management Act 57 of 2002 (the Act). The nationwide lockdown is to become became effective from 0:00pm midnight (00:00) on Thursday 26 March 2020 and currently set to endure until 0:00pm midnight (00:00) on Thursday 16 April 2020. The possibility exists that the nationwide lockdown may be extended beyond that date Construction sites and related activities across South Africa willAfrica, in compliance with the imposition of the nationwide lockdown and regulations promulgated to enforce and manage the nationwide lockdown in terms of inter alia the Act, must temporarily close and cease to operate from 0:00pm midnight (00:00) on Thursday 26 March 2020 These unprecedented circumstances have created numerous challenges across all South Africans’ day-to-day business activities and personal lives, which include the challenge of managing the unavoidable impact correctly in terms of the applicable provisions of each contract regulating the contractual relationships between employer, contractor and subcontractor subcontractors The COVID-19 scenario differs from all other delay and cost claims. The typical time bars in all standard form contracts to give notice or loose lose the opportunity to claim should not however still apply for this event – but the prompt provision of all relevant information by all involved to present and resolve the COVID-19 claims is criticalremains essential. This Advisory Note attempts to provide the procedure parties have to follow as outlined in the JBCC May 2018 edition agreements