ABSTRACT
The legal and contractual systems post-disaster can have a significant impact on the long-term recovery from an event. One of the requirements for reconstruction is the establishment of a comprehensive procurement framework for reconstruction. Following a disaster, there also needs to be an understanding of the effects the disaster has on the legislative and regulatory system of the country experiencing the disaster. Without developed frameworks, reconstruction and new development will be carried out on an ad-hoc basis with little regard for the needs of the society. Current normal procurement mechanisms used in the construction industry need to be assessed pre-disaster for their suitability to deliver the best economic outcome in the event of a disaster. Together with the procurement systems, it is important to manage the legislative and regulatory environment, paying particular attention to any changes that need to be put in place to assist reconstruction efforts. Addressing both the contractual and legislative approaches to post-disaster reconstruction prior to any event will help to build in resilience for a community. This chapter first examines the recovery and reconstruction environment post disaster with a focus on the legislative and regulatory problems faced in the post-disaster reconstruction phase. The chapter then examines current common construction procurement systems to assess their suitability for reconstruction following a disaster. Particular focus is made on the question of which is the best procurement option for reconstruction, with a view to delivering more resilient built assets and better built assets for the communities involved.
