Q:

Is Force Majeure applicable to construction contracts as a result of the pandemic?

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Louise Evans
The Senate
07 May 2020

A: SenseCheck

  • 0 Yes
  • 3 Unclear
  • 0 No
SenseCheck complexity

Newest Answer Oldest Answer

  • 19 May 2020
  • Comment

  • 12 May 2020
  • Unclear

    Complex

    The question is missing the following information...: A lot depends on the facts of the particular situation. It depends on where the relevant construction is happening, which law applies and the individual terms of the contract. In principle, yes, Coronavirus could be a force majeure event. But you could also argue that it was entirely predictable (even if the timing was unclear) so if any form of unpredictability is required as a result of the individual clause it might be difficult to argue.

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    Adrian Smith
    The Senate

  • Comment

  • 07 May 2020
  • Unclear

    Complex

    This issue is too new - watch this space.: Unclear - very complex. Contracts cannot be terminated despite whatever Force Majeure clauses may exist, and the government has allowed construction work to continue for the time being (April 2020). The situation will inevitably develop however, and given the huge amount of consideration being given to FM clauses parties will seek to rely on their contractual provisions.

    https://www.linkedin.com/feed/update/urn:li:…

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    Louise Evans
    The Senate

  • Comment