On 24 February 2020, our Corporate and Commercial colleagues
discussed the application of force majeure in commercial contracts
(see here).
In this article, our construction team look at force majeure
clauses from a construction perspective and answer some frequently
asked questions, such as the status of the Government’s
announcement on 27 March 2020 to the application of the Building
Control Regulations to essential works.
What if force majeure is in my contract but it is not
defined?
The actual effect of a force majeure clause will depend on the
precise wording used in a contract. Often contracts will list
examples of what may constitute an event of force majeure, such as
war, terrorism, disease and extreme weather events. Covid-19 will
not be specifically catered for in an existing building contract
but it may be caught in some force majeure clauses depending on the
exact wording. On occasion, force majeure is included in a
contract but not defined. For
