In our latest COVID-19 construction update Finn Collins discusses the costs of working, primarily on commercial projects under level 3.
Requirements for workplaces at Level 3 are:
In this note we examine the implications of the move from Alert Level 4 to Alert Level 3 for landlords and tenants of commercial leases.
What is the effect of the change from Alert Level 4 to Alert Level 3 on leases? Will ADLS clause 27.5 still be relevant?
This is the story of how Body Corporate Apartment X (BCAX) has responded to COVID-19. Other Bodies Corporate may find this useful in determining their own courses of action.
Are employees still paid for public holidays if they are not working because of COVID-19? And if so, how much are they paid?
If you are in the process of buying or selling a property, we recommend you discuss matters with your lawyer. Although our physical offices are closed, Gibson Sheat remains open for business to provide its clients with the advice they need in these unprecedented times.
I anticipate that the vast majority of contractors will not be throwing in the kitchen sink on delay costs and letting the contract become a battleground. Pragmatism needs to win the day because it is very likely that none of the current contracts adequately deal with all the financial implications of the current lockdown.
The wording of the lease will be critical to determining rights commercial tenants have to relief from paying rent and outgoings during the lock-down period.
Legal advice is crucial before taking action.
Home-owners who have had their income disrupted by COVID-19 may be entitled to a 6-month mortgage payment holiday, but they should carefully consider whether a mortgage holiday is necessary because it will lead to a greater liability in the future.