In response to the outbreak of the novel coronavirus, on March 6, 2020, the Public Construction Commission (“PCC”) issued a press release. The PCC stated that if the contract performance for a public construction project is delayed owing to the coronavirus epidemic, government agencies and suppliers should refer to the contract in principle. Where the contract offers no guidance, they may refer to the Essential Requirements for Procurement Contracts and the Model Contracts for Public Procurement to modify the contract. In addition, the PCC established the Public Construction Advisory Mechanism in January 2018 to help clarify the divergent interpretations of the contract between government agencies and suppliers during the implementation phase. It also established the Action Advisory Service Mechanism to dispatch staff to government agencies undertaking procurement to interpret the regulations.
In conjunction with the Public Construction Advisory Mechanism, the PCC established the Public Construction Advisory Group. When government agencies and suppliers conducting public construction in accordance with the procurement law are not able to agree on contract interpretation during the implementation phase, suppliers may appeal to the group for interpretation.
If you have any questions about the relevant legal matters or you wish to approach the Public Construction Advisory Group to clarify certain contract terms, please do not hesitate to contact us.