What is Force majeure?

Force majeure is used to describe an event that occurs which is beyond the control of the parties, and which prevents them from fulfilling their contractual obligations. The courts have previously held that force majeure is an event which goes beyond what the courts understand by the terms 'Act of God' or 'vis major'.

There is, however, no precise legal definition of force majeure, and so the question of what constitutes a force majeure event will turn on interpretation of the contract. Standard form building contracts deal with force majeure in different ways (see below: Force majeure in standard form building contracts). Parties may, or may not, choose to incorporate a definition of what constitutes force majeure into their contract. It can be difficult therefore to predict with certainty what will constitute force majeure in any context—and the wording of any force majeure clause and the particular circumstances will have to be examined in every case.

This Practice Note considers force majeure in the context of construction contracts. For consideration of force