Force majeure: effect on BIDP contracts

force majeure (usually uncountable, plural forces majeures)

1: An overwhelming force. quotations ▼

2: (law) An unavoidable catastrophe, especially one that prevents someone from fulfilling a legal obligation. quotations ▼

In the With Quantities and Without Quantities forms of contract, Clause 23 read with clause 4, requires compliance with laws and regulations dealing with ie an unavoidable catastrophe, and allows the contractor a right to claim an extension of time subject to giving written notice of the delay. There is no provision for financial claim here under clause 24(1).
The contractor may further, under Clause 26 1(c)i determine the contract if the duration of such delay extends beyond the period of delay agreed in the appendix (default is three months).

In the Minor works forms, Clause 6(b) read with Clause 3, similarly provides for an extension of time 'for reasons beyond the control of the Contractor' in ie complying with laws and regulations bringing an enforced delay.
Again, the contractor has a provision in Clause 13 to terminate the contract if the situation of force majeure extends beyond a continuous period of 56 days.

Please give any comments or notes on the above to the Secretary of BIDP as per contacts page.