Building Materials Shortages: New guidance from the Construction Leadership Council
July 19, 2021
Building Materials Shortages: New guidance from the Construction Leadership CouncilJuly 19, 2021
In June we published a note highlighting the shortage of materials in the construction industry, the risks which this could lead to, and gave practical guidance to parties to construction contracts. On 7 July, the Construction Leadership Council (CLC) issued an open letter to the industry which highlighted that, whilst the industry had benefited from a stable environment for a long time, it was now entering a volatile period, which is likely to remain for “a while to come”. The CLC guidance noted the following challenges:
The CLC highlighted that some of the standard form contract provisions already seek to address price fluctuation provisions, most notably JCT and NEC4 secondary option X1. The CLC encourages parties to consider adopting these (or similar) provisions to ensure that the risk of price increases is appropriately allocated between the parties. This is sensible advice for those in the process of negotiating new contracts. It may however require changes to other standard form (or those agreements based upon JCT and NEC4 which do not adopt the options above) or bespoke contracts, and training in how such provisions could be interpreted. Parties who have already entered into construction contracts, and who have not chosen to incorporate such provisions will need to consider the best practical methods for mitigating and managing their commercial risks of their ongoing project. In addition, to the extent there is ambiguity, consideration will also need to be given as to how best to avoid the escalation of disputes over which party is liable for the risk. We provided practical guidance on a number of strategies in our previous note. For specific project advice, please contact one of our construction and engineering team listed below.
Latest InsightsLatest News
Latest Events
legal updates September 28, 2026 The Race for Power - Meeting the global energy demands of AI data centres legal updates September 28, 2026 Snapshot Update: EU Pay Transparency Directive legal updates September 28, 2026 EU Transparent and Predictable Working Conditions Directive legal updates September 28, 2026 SEC proposes to rescind pay-to-play rule client news September 21, 2026 All change: Eversheds Sutherland advises DfT on Chiltern Railways transitio... media mentions September 16, 2026 SEC approves FINRA’s outside business activity plan media mentions September 15, 2026 Worldwatch: Merger Control firm news September 10, 2026 Kuang Chiang, International Trade and Sanctions Attorney, Joins Eversheds S... virtual Employment law in the Kingdom of Saudi Arabia September 29, 2026 9.30am - 12.30pm (BST) Virtual virtual Energy Transition Series: Energy Transition and Pricing Volatility October 08, 2026 10:00 ET | 15:00 BST | 16:00 CET in-person Labor relations conference - turning legal change into workplace reality October 08, 2026 10.00am - 4.00pm (BST) London, United Kingdom virtual Ireland & Northern Ireland employment law October 14, 2026 2pm - 5pm (GMT) Virtual |