- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 19 Jan 2018
Force majeure in construction
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.
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).
- Exceptionally adverse weather.
- Civil unrest, such as riots or revolution.
- Strikes (other than by the contractor or subcontractors).
- 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.
As these conditions tend not to be defined, it can be difficult to determine whether they have arisen or not. For example, when does a virulent virus constitute an epidemic? This has become particularly significant in recent years due to the increasing number of exceptionally adverse weather events (in particular flooding), as well events such as foot and mouth, swine flu and restrictions on air travel due to volcanic ash clouds.
Whilst clients will generally accept the contractor cannot perform their duties under the contract where there is genuine force majeure, problems arise when the client believes the contractor is unnecessarily claiming force majeure for commercial gain and that the situation could have been foreseen, avoided or mitigated. Disputed claims are particularly common in relation to exceptionally adverse weather as the term is not always defined.
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.
 Related articles on Designing Buildings Wiki
- Breach of contract.
- Compensation event.
- Concurrent delay.
- Consequential loss.
- Extension of time.
- Liquidated damages.
- Loss and expense.
- Relevant event.
 External references
- Matsoukis v Priestman & Co (1915).
- Lebeaupin v Crispin (1920).
Featured articles and news
New cross-party report calls for combustible cladding ban to be extended to all high-rise residential buildings.
Dr Nicholas Falk, director of the URBED Trust, explains why metro cities are the future of urbanisation.
From next week, UK firms can bid for a share of a £12.5m fund to boost productivity, performance and quality.
A right to light generally refers to the right to receive sufficient light through an opening.
Interference and compatibility - the effects of electromagnetic fields in the workplace.
Important action is being taken to inspire young people to train as engineers.
A survey of Leicester’s historic buildings resulted in local listing being taken more seriously.
Demolition is the most high risk activity in the construction sector. Read our introductory article here.
BSRIA report on the domestic boiler market, with China recording the most 'dynamic market uptake'.
Do we really know everything important about the impacts of our infrastructure projects? And if we don’t, does it matter?