With seemingly ever-increasing costs of goods and materials,
contractors and developers alike continue to feel the squeeze.
Pressure on costs can only be compounded by difficulties in
securing delivery of goods and materials within a reasonable
timeframe and indeed on time. Against a wider context of a
challenging macro-economic environment, not to mention
pandemic-related pressures, meeting pre-agreed development
milestones is a growing challenge. But where does this leave
contractors and developers who have committed to delivering a
particular project on time?
Force majeure and extension of time
Contractual provision for justifiable delay or "force
majeure" (French for "superior force") have long
been a feature of the construction industry. They are typically
agreed on relatively standard terms with those parties responsible
for the timely delivery of a new development project. Such
provisions represent crucial contractual protections for
contractors and
