Joint Building and Construction Council, ‘Blue Violets Plaza, Kindaruma Road, ‘th Floor, Wing 8, Suite 605, Tek: +254 20 2420806/ 202420582 Mobile: +254 721 691 337 Emailzmall@jbec.orke ‘Website: wnew.Jocc.or ke JOINT BUILDING AND CONSTRUCTION COUNCIL JOINT BUILDING & CONSTRUCTION COUNCIL (JBCC) ADVISORY ON CORONAVIRUS PANDEMIC EFFECT ON CONSTRUCTION CONTRACTS: ‘The JBCC which is a body that represents the interests of building professional consultants, general and specialist building contractors, and property developers and owners, has been keenly following the unfolding developments of the Covid-19 pandemic, and taken note of various directions issued from time to time by the government of Kenya through the Ministry of Health. JBC fully supports the government's action which is intended to stop the spread of the virus. Being aware that the current Covid-19 situation will have imminent and devastating disruptions ‘on construction sites, and that it will not be business as usual, JBC wishes to respond to several enquiries from stakeholders anxious to know how the situation may impact on their contracts. JBCC foresees delays in cross-border and local procurement, mobilization of labour resources, challenges of maintaining the recommended minimum hygiene standards and social distance, and inevitable job losses, which all will dramatically and severely affect the construction industry, causing untold economic and emotional suffering to many Kenyans. JBCC, being cognizant of the sanctity of building contracts between the Contractors and the Employers, and also being aware of the competing interests of the two parties, urges all their members to employ their civic and moral duties in pursuing their respective contractual rights, and accommodate each other in order to protect themselves, their workers and the public against the devastating effect the spread of the virus will have. Globally, the legal minds have generally accepted that the coronavirus pandemic can qualify as a force majeure event which may absolve contractors, suppliers and even employers from the liability for delay and costs associated with delay and disruption costs. ‘Any party, having become aware of the coronavirus and the effect it will have on their contractual obligations may, in consultation with their contract/legal advisor, invoke the appropriate contractual clauses and give timely notices specifying out exactly which contractual obligations have been affected by the covid-19 crises. Page 1 of 2Jon Building and Construction Counc, ‘Blue Violets Plaza, Kindaruma Road, {6th Floor, Wing 8, Suite 605, Tel: +254 20 2420806/ 202420582 ‘Mobile: 4254721 691 337 Emall:mait@jbecorke Website: www Jbccorke SOINT BUILDING AND CONSTRUCTION COUNCIL Given that the duration of the disruption canni6t be determined presently, the party giving notice should do so by detailing the effect as at the time of giving the notice, and undertake to reasonably regularly submit to the receiving party an assessment of both the time and financial effect Additionally, it wil be imperative to note that the party giving the notice will be obligated to take action to minimize the delay and its financial effect The JBCC will continue to play its role as the impartial advisor and custodian of the standard building contract, and it shall be available for consultations with any stakeholder. For any queries, please contact the JBC on mail@jbccor-ke. Kairu Bachia JBC Chairman Page 2 of 2