Force Majeure
A contractual clause that excuses one or both parties from performing their obligations when an extraordinary event beyond their reasonable control prevents or delays performance. Must be explicitly written into the contract - under English law it carries no implied legal status.
Force majeure is a contractual provision that allocates risk when extraordinary events strike: natural disasters, pandemics, government actions, industrial strikes, or infrastructure failures. When properly drafted and invoked, it typically suspends performance obligations for the affected party during the event - preserving the contract rather than ending it. Under English law, force majeure has no automatic legal standing. If it is not written into the contract, affected parties must rely on the narrow doctrine of frustration, which typically terminates the contract outright rather than suspending it.
What the Clause Requires
A well-drafted force majeure clause defines the triggering events - usually a specific list followed by a general catch-all phrase covering anything "beyond reasonable control." Courts interpret these clauses strictly; if an event is not clearly covered by the wording, the clause may not apply. Most clauses also impose obligations on the affected party to give prompt written notice, explain the impact on performance, and take reasonable steps to minimize disruption. Failure to comply with notice requirements can forfeit the right to rely on the clause entirely. When the event ends, performance obligations typically resume.
Force Majeure in Construction and Trade Contracts
Standard form construction contracts - JCT, NEC, and FIDIC - all contain force majeure provisions or equivalents. In JCT contracts, force majeure is listed as a "Relevant Event" that can entitle a contractor to an extension of time for practical completion, though it does not automatically carry financial compensation. Any business working on fixed-price or milestone-payment contracts should review which events the clause covers and what notice procedures apply before signing.
Review Before You Sign
Check that the force majeure clause covers the events most likely to affect your work - extreme weather, supply chain disruption, or regulatory changes. A vague or absent clause leaves your business exposed when you most need protection.
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