Extenuating circumstances
Extenuating circumstances refers to events outside of the control of a particular party, also referred to a exceptional circumstances and extraordinary circumstances.
The term may be used in relation to force majeure, although also related to events beyond the reasonable control of a party, which prevent or impede their ability to perform their obligations under a contract, force majeure maybe be a more significant and contractual occurrence. Generally these cannot be event that a party could reasonably have avoided or overcome, or one attributable to the other party.
The term may also be used in relation frustration in construction contracts, though again this generally has greater significance and impact because it leads to the contract being terminated without either party being considered to be in breach.
The term extenuating circumstances tends to be used as a reasoning for a particular outcome, so rendering the conduct less serious or potentially lead to reduced damages. It is most commonly used in relation to employment but it iimportant o note that extenuating circumstances under employment law are likely to differ from those that may be considered under a building contract.
In most cases it is a complex interpretable subject in any context. For example serious medical issues with staff maybe presented as extenuating circumstances to be considered, however within a building contract, it could be responded to that the impacts on the project may have been avoided, if other staff had been made available. Unless many staff became unavailable, due to for example a pandemic.
It is common in some cases for examples of extenuating circumstances to be given within the contract itself to avoid confusion. Here are some examples of what might be considered as extenuating circumstances, though they would have to be agreed ideally before and if not after the event.
- Medical issues (including mental health/wellbeing)
- Death of relatives
- Personal problems
- Personal or Family issues, such as divorce
- Period of self-isolation/quarantine
- Caring responsibilities and domestic difficulties
- Religious Observances
- Pregnancy related conditions
- Failure of IT equipment, where there is a verifiable failure
[edit] Related articles on Designing Buildings
- Breach of contract.
- Clear contracts during uncertain times.
- Compensation event.
- Concurrent delay.
- Consequential loss.
- Coronavirus and force majeure.
- Exigency.
- Extension of time.
- Force majeure.
- Frustration.
- frustration in construction contracts.
- Loss and expense.
- Liquidated damages.
- Neutral event.
- Relevant event.
- Suspension of performance.
- Termination in construction contracts.
- Variations.
Featured articles and news
A forward thinking, inclusive global community of members.
From engineered product life-spans, to their extension.
Circular economy in the built environment
A brief description from 2021. Where are we now?
Mental Health Awareness Week with ABS
Architects Benevolent Society programme of activity.
CLC publishes domestic retrofit competency framework
Roadmap of Skills for net zero.
May 13-19: Moving more for our mental health.
Understanding is key to conservation.
Open industry engagement survey seeks responses
Institutions and the importance of engagement.
National Retrofit Hub unveils new guide
Digital Building Logbooks and Retrofit: An Introduction.
Enhancing construction site reporting efficiency
Through digitisation and the digital revolution.
Noise in the built environment
BSRIA guide TG 20/2021.
17,000 people suffer conditions as a result of exposure to excessive noise at work.
Turning down the noise: Auditory health
A pervasive risk with far-reaching consequences.
Getting the most out of heat pumps and heating
How heat pumps work and how they work best.
Cost-of-living crisis and home improvement plans
Starting on the right footing and top tips for projects.
Electrotechnical excellence, now open for entries.