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Force Majeure and Construction Contracts

Paper number
172

Adrian Williamson QC

February 2012

A paper presented to the Society of Construction Law at a meeting in London on 7th February 2012

Adrian Williamson begins by considering the meaning of force majeure in English law generally, explaining that the event relied upon for such a claims must have made performance of the contract impossible, must have been unforeseeable and must have been unavoidable in occurrence and effects. 'Frustration' must be pleased as a defence in contract law. However, the expression may be provided for as an express contractual term. He goes on to consider the case law, before examining how three families of standard form contracts treat the doctrine: the JCT Standard Building Contract, FIDIC contracts and NEC3.

Introduction - Force majeure clauses: meaning generally - Frustration and construction contracts - Force majeure clauses in construction contracts - JCT Standard Building Contract (SBC) - FIDIC contracts - NEC3 contracts - Conclusions.

The author: Adrian Williamson QC is a member of Keating Chambers, practising in the field of construction law.

Text 15 pages.