Analysis of Force Majeure and Hardship Clauses in Construction

This report delves into the intricacies of force majeure and hardship clauses within the context of international construction contracts. It begins by establishing a research background, posing key research questions, and outlining the aims, objectives, and scope of the study. A comprehensive literature review forms the foundation, followed by a detailed discussion of the methodology employed, including doctrinal and black letter research approaches, qualitative research methods, and case studies. The results section presents findings related to FIDIC clauses, permanent and temporary inability of performance, notification procedures, contract termination, financial settlements, and suspension of works. A thorough discussion then analyzes these clauses in various jurisdictions, including English law, Egyptian civil law, Arab civil law, and European countries, as well as the application of ICC model clauses, CISG provisions, and UNIDROIT principles. The report also examines hardship clauses in French, US, and Thai law. The report concludes with recommendations for best practices and provides a case study on the impact of COVID-19, and legal impacts on construction contracts. The report's findings offer a deep dive into the effects of force majeure and hardship clauses on international construction projects.