FIDIC Red Book 1999 – The Force Majeure Clause

The definition of force majeure provided in the FIDIC Red Book 1999 Edition form in Clause 19 is widely drawn. Sub-Clause 19.1 defines a force majeure event as one:

A) which is beyond a Party’s control,

B) which such Party could not reasonably have provided against before entering into the Contract,

C) which, having arisen, such Party could not reasonably have avoided or overcome, and

D) which is not substantially attributable to the other Party…….. (more)

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One response to “FIDIC Red Book 1999 – The Force Majeure Clause

  1. A very clear understanding of these provisions by the QS or contract administrator will go a long way in resolving knotty issues especially in dealing with payment and claims. It is evident that force majeur is not only natural occurrence as believed by many. The court overtime has change the concept. However, one knotty issue is the compensation in the event of force majeur. Clients are often reluctant but find and try to circumvent their responsibilities. This is made easy because most standard form do not provide for procedure for compensation. I opine that researchers,contract engineer,lawyer and construction law experts involved in drafting of contract must take note of this lacuna in most standard forms.