The force majeure clause does not cover the event
A general clause may say nothing about notice, extension of time, costs or the duty to mitigate loss.
Do you know who carries the risk when progress stops?
Surface the contract's notice periods, allocation of risk and possible conflicts of interpretation before a delay turns into a financial settlement.
Does this sound familiar?
Variation claims are notified too late
Rights can be weakened when the contract's formal and time requirements are not followed through the project.
The subcontractor's risk moves upwards
Differing provisions in the main contract and the subcontract can leave the contractor with liability it cannot pass on.
A realistic example
This is a constructed example that shows the format. It is not an assessment of an actual case.
«Does this force majeure clause entitle the contractor to both an extension of time and recovery of additional costs when the port is closed?»
Extract from the sample analysis
Preliminary assessment: the clause has to be read word for word. Extension of time and cost recovery are separate questions, and a right to one does not automatically give a right to the other. The analysis would check the definition of the event, foreseeability, causation, the notice period and mitigation before drawing a conclusion.
Kilde: Norwegian Contracts Act section 36 and the agreed force majeure clauseDokumentene construction laster opp
And what the analysis extracts from each of them.
Construction contract with standard terms
Notice periods, the variation procedure, the programme, liquidated damages and final account.
Variation orders and claims
Whether notice was given in time and in the right form, and what is actually claimed: time, money or both.
Subcontract
Whether the terms mirror the main contract, or whether risk stops with the contractor itself.
Minutes and progress reports
The dates that decide whether a claim was notified in time.
Force majeure and price adjustment clauses
Definition of the event, duty to notify, extension of time, cost recovery and mitigation.
The checks that trigger most often here
Vi oppgir ikke hvor ofte hver enkelt feil forekommer — vi har ikke grunnlag for slike tall. Dette er kontrollene analysen faktisk kjører på dokumentene over.
Time and money are assessed separately
A right to an extension of time does not automatically give a right to additional cost. The analysis splits the claim in two and answers each.
Was notice given in time?
Notice periods are read out of the contract and held against the dates in minutes and correspondence.
Does the subcontract mirror the main contract?
Provisions that cannot be passed down the chain are flagged as risk the contractor carries itself.
Final account and time bars
A check of whether the contract cuts off claims not brought within a given deadline, and what is then lost.
One clause, reviewed
Utdraget under er konstruert for å vise formatet. Det er ikke hentet fra en kundes dokument.
Force majeure clause in a construction contract
"Where circumstances beyond the parties' control prevent performance, the contractor is entitled to an extension of time. Notice shall be given without undue delay."
Dette flagges
- The clause gives an extension of time but says nothing about cost recovery.
- "Without undue delay" is not a date - there is no measurable deadline to manage against.
- No duty to mitigate loss, and no documentation requirement for the impediment.
- Nothing regulating what happens if the impediment lasts for a long period.
The analysis answers that the clause covers time, not money, and that a claim for additional cost needs a different basis. It suggests wording that sets a countable notice period, and lists what has to be documented about the impediment.
- 5
- clause points checked explicitly
- Separate
- assessment of time and cost
- Stated
- uncertainty and missing facts
Test the question in a live analysis
The sample question is filled in automatically. You can change the facts before the analysis starts.