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Comparision of Risk and Force Majeure

The document defines force majeure and lists various events or circumstances that may constitute force majeure. It then categorizes each event based on whether it is considered an employer risk, qualifies as force majeure, and what claims or time extensions the contractor can make in each case. For example, war and civil war within the country are considered employer risks, qualify as force majeure, and allow the contractor to claim costs and an extension of time. Rebellion outside the country qualifies as force majeure but does not allow claims for costs.

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33 views4 pages

Comparision of Risk and Force Majeure

The document defines force majeure and lists various events or circumstances that may constitute force majeure. It then categorizes each event based on whether it is considered an employer risk, qualifies as force majeure, and what claims or time extensions the contractor can make in each case. For example, war and civil war within the country are considered employer risks, qualify as force majeure, and allow the contractor to claim costs and an extension of time. Rebellion outside the country qualifies as force majeure but does not allow claims for costs.

Uploaded by

nihajnoor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Force majeure

Exceptional event or circumstance beyond a party's


control which:

Check NO CLAIM
19.1 (a),(b),
Cl 20.1
(c)&(d)

yes

Event Employer risk Force majeure Claim (profit + FROM 19.4 (b)
grant EoT) under In case of force
20.1 majeure
War, hostilities, Yes yes yes EoT & Cost
invasion, act of
foreign enemies

Rebellion, Yes yes yes EoT & Cost


terrorism,
revolution,
insurrection,
military or usurped
power or civil war
within the
Country

Rebellion, No Yes no EoT ONLY


terrorism,
revolution,
insurrection,
military or usurped
power or civil war
outside the
Country

Riot, commotion or Yes Yes YES EoT& cost


disorder within the
Country by persons
other than the
Contractor’s
Personnel and other
employees of the
Contractor and
Subcontractors

Riot, commotion or No Yes No EoT ONLY


disorder outside the
Country by persons
other than the
Contractor’s
Personnel and other
employees of the
Contractor and
Subcontractors

Strike or lockout No Yes No EoT ONLY


inside the Country
by persons other
than by the
Contractor’s
Personnel and other
employees of the
Contractor and
Subcontractors

Strike or lockout No Yes No EoT ONLY


outside the Country
by persons other
than by the
Contractor’s
Personnel and other
employees of the
Contractor and
Subcontractors

Strike or lockout by No possible no If possible then


the Contractor’s EoT only
Personnel and other
employees of the
Contractor and
Subcontractors

Munitions of war, Yes Yes yes EoT& cost


explosive materials,
ionising radiation or
contamination by
radio-activity,
within the Country
except as may be
attributable to the
Contractor’s use of
such munitions,
explosives,
radiation or radio-
activity

Munitions of war, No Yes No EoT ONLY


explosive materials,
ionising radiation or
contamination by
radio-activity,
outside the Country
except as may be
attributable to the
Contractor’s use of
such munitions,
explosives,
radiation or radio-
activity

Munitions of war, No possible no If possible then


explosive materials, EoT only
ionising radiation or
contamination by
radio-activity

Pressure waves yes possible yes If possible then


caused by aircraft or EoT only
other aerial devices
travelling at sonic or
supersonic speeds

Use or occupation Yes No yes No


by the Employer of
any part of the
Permanent Works
except as may be
specified in the
Contract

Design of any part Yes No yes no


of the Works by the
Employer’s
personnel or by
others for whom the
Employer is
responsible

Any operation of Yes No yes EoT & Cost


the forces of nature
which is
Unforeseeable or
against which an
experienced
Contractor could
not
reasonably have
been expected to
have taken adequate
preventative
measures
Foreseeable No Possible No If possible then
operations of the EoT only
forces of nature
which the
Contractor could
not reasonably have
provided for before
entering into the
Contract

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