The industry's own legal primer
‘Force majeure’ has no standard definition in English law. However, it is generally understood to be a contractual term which excuses one or both parties from performing their contractual obligations, if the party seeking to rely on the clause is prevented from doing so by a specified event which is outside their control. This story … Read more
Ross Galbraith of DLA Piper provides the latest in our CL Guides series, with a topical look at how force majeure and frustration can impact on construction contracts. This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of … Read more
Emma Schaafsma and Emily Blanshard of Herbert Smith Freehills LLP analyse recent case law with implications for force majeure and consider its possible impact on construction contracts. Careful drafting will be needed to avoid ambiguity in force majeure clauses. This story is only available to subscribers to the printed edition of Construction Law. If you … Read more
The doctrine of frustration Lord Radcliffe stated in Davis Contractors v Fareham UDC [1956] AC 696 ‘Frustration occurs wherever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that … Read more
Force majeure clauses appear in standard form construction contracts. Th e JCT form, for example, uses this term as a relevant event but it is not defi ned. FIDIC provides a non-exhaustive list of examples and NEC uses the term prevention for what is eff ectively force majeure. To read more of this and every … Read more
Ruth Wilkinson of Dundas & Wilson analyses what force majeure is, and the circumstances in which can it be relied upon in construction contracts. The courts take a narrow view of what a force majeure event is, she explains. This story is only available to subscribers to the printed edition of Construction Law. If you … Read more
The latest in our Construction Guides series comes from DLA Piper’s Jon Baker who looks at key features of the NEC4 contracts suite. This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.
In the latest article in our Construction Guides series Rachel Chaplin and Cai Cherry of DLA Piper explain UK insolvency processes. This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.
Vijay Bange and Ed Keating of Duane Morris discusses the findings of an energy disputes focussed survey that found international arbitration to be the preferred method of dispute resolution for international projects. This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to … Read more
Our review of the main construction law related events of 2022 comes from Victoria Peckett, Nisha Nyant and Sharni Mellors of Clyde & Co LLP. Unpredictability is the new norm, they conclude, while hoping for less turbulence in 2023. This story is only available to subscribers to the printed edition of Construction Law. If you … Read more