12 February 2021  – OGP publishes note in relation to public health measures announced on 6 January 2021

On 6 January 2021, the Government announced public health measures aimed at limiting the spread of the Covid-19 pandemic (the “closure order”).  Inter alia, the public health measures required non-essential construction sites to close between 6pm on 8 January 2021 and 31 January 2021.  On 26 January 2021, the closure order was extended to apply  until 5 March 2021.  The OGP has today published a note that:

  1. Outlines the provision for delay and cost in the standard forms of public works contracts (“Public Works Contracts”) arising from the current circumstances for those sites impacted by the closure order (“affected pwc construction sites”);
  2. Sets out recommendations for ex gratia payments by Employers to Contractors in relation to affected pwc construction sites where the works were procured using Public Works Contracts* ; and
  3. Provides advance notice of a forthcoming amendment to the  Public Works Contracts for future contracts.

*Supplementary guidance and other material will be published separately.

As in its Covid related 2020 publications, the Office of Government Procurement (OGP) continues to encourage Employers and Contractors to take a collaborative approach to dealing with the impacts of the closure order on public works contracts.

Further information is available here.