2 “Beyond the Contractor’s Control”ĥ Unsurprisingly authors of contracts find it difficult to list every event which may have an impact on the Contract, and Force Majeure clauses normally contain a list of events, with a sweep up phrase such as “… and any other clause beyond the Contractor’s reasonable control”. NEC3/4).Ĥ Force majeure clauses tend to be interpreted literally – they have been described as, “An exemption clause that must be construed strictly”. a JCT Contract) unless the Contract provides otherwise (e.g. Force majeure excuses what would probably otherwise be a breach and effectively suspends temporarily an obligation to perform the Works, but it may not give rise to any compensation/loss and expense (e.g. In broad terms most force majeure clauses:Ģ.1 suspend the obligation to perform the Contract when a force majeure event has occurred (contrast this with Frustration which discharges the Contract completely) 1 andĢ.2 the event must be beyond the control of the party relying on the clause.ģ Force majeure will only apply if there is a force majeure clause in the Contract – without a force majeure clause a party may have to fall back on Frustration. Force Majeure The Contract wording is crucialĢ There is no established meaning in English Law of “force majeure” and every force majeure clause turns on the words used. By Jon Miller, Partner, Fenwick Elliott LLP Introductionġ The key points to bear in mind re coronavirus and construction contracts are:ġ.1 force majeure clauses (unsurprisingly they turn on the wording of the clause) ġ.4 other coronavirus related Relevant Events/Relevant Matters which could give rise to time and money ġ.5 frustration – a common law remedy that can be very difficult to establish ġ.6 what to do with contracts that are about to be signed.
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