Force majeure in construction - Revision history

Designing Buildings at 05:47, 31 July 2024

2024-07-31T05:47:13Z

← Older revision		Revision as of 05:47, 31 July 2024
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	NB [https://www.cips.org/knowledge/glossary-of-terms/ The Chartered Institute of Procurement & Supply (CIPS) Glossary of procurement terms], defines a force majeure as: ‘Circumstances that cannot be foreseen which prevent a contract from being fulfilled.’		NB [https://www.cips.org/knowledge/glossary-of-terms/ The Chartered Institute of Procurement & Supply (CIPS) Glossary of procurement terms], defines a force majeure as: ‘Circumstances that cannot be foreseen which prevent a contract from being fulfilled.’

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Breach of contract.		* Breach of contract.
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	* Consequential loss.		* Consequential loss.
	* Coronavirus and force majeure.		* Coronavirus and force majeure.
		+	* Exculpatory clause.
	* Exigency.		* Exigency.
	* Extension of time.		* Extension of time.

Designing Buildings at 07:42, 16 June 2021

2021-06-16T07:42:46Z

← Older revision		Revision as of 07:42, 16 June 2021
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	For more information, see Frustration.		For more information, see Frustration.
		+
		+	NB [https://www.cips.org/knowledge/glossary-of-terms/ The Chartered Institute of Procurement & Supply (CIPS) Glossary of procurement terms], defines a force majeure as: ‘Circumstances that cannot be foreseen which prevent a contract from being fulfilled.’

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Editor at 12:20, 22 March 2021

2021-03-22T12:20:16Z

← Older revision		Revision as of 12:20, 22 March 2021
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	* Breach of contract.		* Breach of contract.
		+	* Clear contracts during uncertain times.
	* Compensation event.		* Compensation event.
	* Concurrent delay.		* Concurrent delay.

Designing Buildings at 09:45, 14 September 2020

2020-09-14T09:45:40Z

← Older revision		Revision as of 09:45, 14 September 2020
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	* Lebeaupin v Crispin (1920).		* Lebeaupin v Crispin (1920).

−	[[Category:~~Other_legislation~~]] [[Category:~~DCN_Legislation~~]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Other_legislation]] [[Category:Contracts_/_payment]]

Designing Buildings at 11:51, 4 May 2020

2020-05-04T11:51:38Z

← Older revision		Revision as of 11:51, 4 May 2020
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	* Consequential loss.		* Consequential loss.
	* Coronavirus and force majeure.		* Coronavirus and force majeure.
−	* ~~Exingency~~.	+	* Exigency.
	* Extension of time.		* Extension of time.
	* Neutral event.		* Neutral event.
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	* Lebeaupin v Crispin (1920).		* Lebeaupin v Crispin (1920).

−	[[Category:Other_legislation]] [[Category:Contracts_/_payment]]	+	[[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Contracts_/_payment]]

Designing Buildings at 11:51, 4 May 2020

2020-05-04T11:51:07Z

← Older revision		Revision as of 11:51, 4 May 2020
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	* Consequential loss.		* Consequential loss.
	* Coronavirus and force majeure.		* Coronavirus and force majeure.
		+	* Exingency.
	* Extension of time.		* Extension of time.
	* Neutral event.		* Neutral event.

Designing Buildings at 10:30, 26 February 2020

2020-02-26T10:30:03Z

← Older revision		Revision as of 10:30, 26 February 2020
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	* Concurrent delay.		* Concurrent delay.
	* Consequential loss.		* Consequential loss.
		+	* Coronavirus and force majeure.
	* Extension of time.		* Extension of time.
	* Neutral event.		* Neutral event.

Editor at 19:22, 20 November 2019

2019-11-20T19:22:34Z

← Older revision		Revision as of 19:22, 20 November 2019
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	For more information, see Frustration.		For more information, see Frustration.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Breach of contract.		* Breach of contract.
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	* Consequential loss.		* Consequential loss.
	* Extension of time.		* Extension of time.
		+	* Neutral event.
	* Frustration.		* Frustration.
	* Liquidated damages.		* Liquidated damages.
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	* Termination.		* Termination.

−	=== External references ===	+	= External references =

	* Matsoukis v Priestman & Co (1915).		* Matsoukis v Priestman & Co (1915).

Editor at 12:34, 19 January 2018

2018-01-19T12:34:06Z

← Older revision		Revision as of 12:34, 19 January 2018
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−
	The term ‘force majeure’ comes from French law, where it translates as 'superior force' (as opposed to ‘vis majeure’ or ‘vis major’ which refers to an act of God). Whilst in France, the term has a defined legal meaning, in English law it does not, and it is dealt with in different ways by different forms of contract.		The term ‘force majeure’ comes from French law, where it translates as 'superior force' (as opposed to ‘vis majeure’ or ‘vis major’ which refers to an act of God). Whilst in France, the term has a defined legal meaning, in English law it does not, and it is dealt with in different ways by different forms of contract.

	Very broadly, it relates to exceptional, unforeseen events or circumstances that are beyond the reasonable control of a party to a contract and which prevent or impede performance of their obligations under the contract. Generally it cannot be an event that the party could reasonably have avoided or overcome, or an event attributable to the other party.		Very broadly, it relates to exceptional, unforeseen events or circumstances that are beyond the reasonable control of a party to a contract and which prevent or impede performance of their obligations under the contract. Generally it cannot be an event that the party could reasonably have avoided or overcome, or an event attributable to the other party.

−	Clauses referring to force majeure attempt to set out the circumstances to which the term applies to and prescribe how such situations should be treated. Depending on the provisions of the contract, the following may be considered to constitute force majeure:	+	Clauses referring to force majeure attempt to set out the circumstances to which the term applies to and prescribe how such situations should be treated. Depending on the provisions of the contract, the following may be considered to constitute force majeure:
−	*Unforeseen changes to legislation.	+
−	*Wars and other hostilities (such as terrorism).	+	* Unforeseen changes to legislation.
−	*Fires.	+	* Wars and other hostilities (such as terrorism).
−	*Exceptionally adverse weather.	+	* Fires.
−	*Civil unrest, such as riots or revolution.	+	* Exceptionally adverse weather.
−	*Strikes (other than by the contractor or subcontractors).	+	* Civil unrest, such as riots or revolution.
−	*Natural catastrophes such as earthquakes, floods and volcanoes.	+	* Strikes (other than by the contractor or subcontractors).
−	*Epidemics or pandemics.	+	* Natural catastrophes such as earthquakes, floods and volcanoes.
		+	* Epidemics or pandemics.

	In some contracts, force majuere is considered a 'relevant event', that may allow the contractor to claim an extension of time if they have been prevented or impeded from performing their obligations under the contract. Although, if the contractor has continued to perform their duties, despite the occurrence, they may not be able to make a claim.		In some contracts, force majuere is considered a 'relevant event', that may allow the contractor to claim an extension of time if they have been prevented or impeded from performing their obligations under the contract. Although, if the contractor has continued to perform their duties, despite the occurrence, they may not be able to make a claim.
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	In situations where a contractual obligation becomes incapable of being performed, the occurrence might be considered to be a 'frustration event' resulting in termination of the contract. Frustration occurs when circumstances that are not the fault of either party mean it is impossible to continue with the contract. The contract will come to an end without any party being considered to be in breach.		In situations where a contractual obligation becomes incapable of being performed, the occurrence might be considered to be a 'frustration event' resulting in termination of the contract. Frustration occurs when circumstances that are not the fault of either party mean it is impossible to continue with the contract. The contract will come to an end without any party being considered to be in breach.
		+
		+	For more information, see Frustration.

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Breach of contract.	+
−	*Compensation event.	+	* Breach of contract.
−	*Concurrent delay.	+	* Compensation event.
−	*Consequential loss.	+	* Concurrent delay.
−	*Extension of time.	+	* Consequential loss.
−	*~~liquidated~~ damages.	+	* Extension of time.
−	*Loss and expense.	+	* Frustration.
−	*Relevant event.	+	* Liquidated damages.
−	*Termination.	+	* Loss and expense.
		+	* Relevant event.
		+	* Termination.

	=== External references ===		=== External references ===
−	*Matsoukis v Priestman & Co (1915).
−	*Lebeaupin v Crispin (1920).

−	[[Category:~~Contracts_/_payment~~]]	+	* Matsoukis v Priestman & Co (1915).
−	[[Category:~~Other_legislation~~]]	+	* Lebeaupin v Crispin (1920).
		+
		+	[[Category:Other_legislation]] [[Category:Contracts_/_payment]]

Designing Buildings: moved Force majeure to Force majeure in construction

2014-10-04T06:53:40Z

moved Force majeure to Force majeure in construction

← Older revision

Revision as of 06:53, 4 October 2014