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Casady, C B and Baxter, D (2020) Pandemics, public-private partnerships (PPPs), and force majeure | COVID-19 expectations and implications. Construction Management and Economics, 38(12), 1077–85.

  • Type: Journal Article
  • Keywords: COVID-19; public-private partnerships (PPPs); force majeure; construction disputes;
  • ISBN/ISSN: 0144-6193
  • URL: https://doi.org/10.1080/01446193.2020.1817516
  • Abstract:
    The novel coronavirus (COVID-19) pandemic is placing unprecedented stress on public-private partnerships (PPPs), creating the real possibility of widespread project failures. The disruption and potential collapse of multiple PPP projects will likely trigger force majeure contractual provisions, but the applicability and efficacy of these generic catch-all clauses remain in question. This critical note therefore discusses the implications of force majeure contractual conditions on PPPs in the COVID-19 epoch. We first define the concept of force majeure as it pertains to pandemics. Next, we review a select number of international policies for such events, outlining their key features and glaring shortcomings. Then, we use Novia Scotia’s Highway 104 Twinning Project as an illustrative case example of improved force majeure risk management. Finally, after reflecting on the three ironies of construction crisis management, we outline the need for swift trust in PPPs during this current pandemic and conclude by calling for a comprehensive revision of force majeure contract provisions.

Denny-Smith, G, Williams, M and Loosemore, M (2020) Assessing the impact of social procurement policies for Indigenous people. Construction Management and Economics, 38(12), 1139–57.

Hajikazemi, S, Aaltonen, K, Ahola, T, Aarseth, W and Andersen, B (2020) Normalising deviance in construction project organizations: a case study on the collapse of Carillion. Construction Management and Economics, 38(12), 1122–38.

Ju, L, Zhao, W, Wu, C, Li, H and Ning, X (2020) Abusive supervisors and employee work-to-family conflict in Chinese construction projects: how does family support help?. Construction Management and Economics, 38(12), 1158–78.

Rodger, D, Callaghan, N and Thomson, C S (2020) The loosening control of social housing: creating a holistic retrofit system for an ageing population through the lens of governmentality. Construction Management and Economics, 38(12), 1101–21.

Sherratt, F, Sherratt, S and Ivory, C (2020) Challenging complacency in construction management research: the case of PPPs. Construction Management and Economics, 38(12), 1086–100.