Q&As

Is there any case law or guidance on what is meant by ‘civil commotion’ in the context of force majeure clauses in an NEC contract?

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Published on LexisPSL on 27/09/2019

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Is there any case law or guidance on what is meant by ‘civil commotion’ in the context of force majeure clauses in an NEC contract?

Is there any case law or guidance on what is meant by ‘civil commotion’ in the context of force majeure clauses in an NEC contract?

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. Although the NEC contracts do not use the term ‘force majeure’, they refer to comparable types of event—see Practice Note: Force majeure in construction contracts. We assume that the contract includes a Z clause providing for a definition of ‘force majeure’ which includes civil commotion.

The phrase ‘civil commotion’ is also included within clause 80.1 as an Employer’s risk.

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