Mark Macaulay, a partner in Dentons' UK Construction team, has created a simple contract to enable non-structural (fit-out) works to be carried out with minimum delay and in compliance with coronavirus (COVID-19) guidance and regulations. The contract is free to use and can be downloaded here.

COVID-19 has placed unprecedented pressure on contractors to comply quickly with the government's emergency regulations and industry guidance. As the UK emerges from lockdown, many contractors are being engaged on smaller projects to adapt workplaces throughout the UK to ensure people can return to work free of risk whilst complying with the government's COVID-19 guidance and regulations. By their very nature, these projects require a swift turnaround with little time to negotiate complex contractual obligations or agree amendments to the usual standard form construction contracts.

The new contract is underpinned by a requirement that the parties collaborate in line with the government's call for reasonable contract behaviour.

Supported by guidance notes, the contract sets out simple, fair terms leaving only the key commercial terms (payment etc.) to be agreed. It focuses the parties on their core obligations and reminds each of the need to comply with government and industry guidance. It is designed to speed up the negotiation phase so that parties can mobilise quickly in keeping with the government's goal to get the economy moving again – while ensuring that they are bound contractually.

The contract encourages parties to avoid disputes in a spirit of mutual trust and co-operation. If disputes do arise, alternative methods of dispute resolution are provided in addition to the statutory right to adjudicate at any time.

The contract will be of particular use on projects where rapid deployment is needed to effect changes in a short timescale. After all, employers want to welcome back employees to a safe, COVID-19 secure workplace.

As with all contractual obligations, contracting parties must always ensure that the terms to which they sign up are appropriate for their particular project. Parties must take legal advice if in any doubt.