Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The absence of such a clause does not prevent parties from claiming relief based on legal doctrines, but having a force majeure clause provides clearer contractual protection and guidance ["Isherdas Sahni & Bros. VS Impresario Entertainment And Hospitality Pvt. Ltd. - Delhi"].
Analysis and Conclusion: A force majeure clause is not strictly mandatory in construction contracts, but its explicit inclusion is highly beneficial. It reduces ambiguity, delineates the scope of relief, and guides parties on procedural steps (such as notification). Courts tend to interpret such clauses narrowly and require the affected party to prove the event falls within the clause's terms. In the absence of a force majeure clause, parties may resort to the doctrine of frustration, which offers a less predictable remedy. Therefore, drafting a clear and comprehensive force majeure clause is strongly advisable for effective risk management in construction agreements ["Bangalore Electricity Supply Company Limited VS Hirehalli Solar Power Project LLP - 2024 6 Supreme 354"].
In the high-stakes world of construction projects, unforeseen events like pandemics, natural disasters, or geopolitical disruptions can derail timelines and budgets. A common question arises: is a clause mandatory in construction contracts? This query is particularly relevant under Indian law, where construction contracts often face volatile conditions. While not legally required, such clauses offer critical protection. This post delves into the legal landscape, judicial insights, and practical recommendations to help contractors, developers, and stakeholders navigate these complexities.
refers to extraordinary events beyond the parties' control that prevent or delay contract performance. These typically include (e.g., floods, earthquakes), wars, riots, or government actions [
#ForceMajeure, #ConstructionLaw, #IndianContractLaw
Hardship is also minimised in so far as a force majeure clause can be crafted to provide a more nuanced response to events of force majeure. ... The relief available under a force majeure clause will, of course, be determined by the specific content of that clause itself. ... [Emphasis Added] Similarly, in the construction of a force majeure clause (similar to ....
The list of force majeure events is set out in Article 8.3(a), and sub-clause (vi) is the most relevant for us. A party can invoke the force majeure clause subject to the conditions set out in Article 8.3(b). ... The learned counsels have, through the course of their submissions, emphasised on whether or not the delay in the present matter would be covered under the force majeure clause of the PPA. 5.1 Learned ASG argued that a #HL_....
Lord, Force Majeure Contract Clauses, 30 Williston on Contracts § 77:31 (4th ed. 2024) (when the parties “define[] the contours of force majeure in their agreement, those contours dictate the application, effect, and scope of force majeure”). ... On appeal, we conclude that the district court correctly interpreted the force majeure clause. ... Whether the force majeure ....
The defendant had no reason to presume that Force Majeure was indefinite. Rather, the Order of Ministry of Home Affairs dated 30.05.2020 rendered the Force Majeure Clause unenforceable and incapable of being invoked. ... Chapter-III of the Indian Contract Act, 1872 and more particularly Section 32, deals with the Contingent Contracts. Where the terms of Contract contain an express or an implied clause contemplating Force Majeure, it....
[32] The SPA's Clause 19 (the Respondent's delivery obligations) has a core relationship with cl 30 (Force Majeure Scope). Clause 19 is expressly subject to cl 30. The LAD exemption applies when the delay of delivery of vacant possession is due to force majeure events. ... the force majeure impact. ... Clause 19 imposes a 48-month completion timeline, the vacant possession requirement, the LAD calculation formula, and the exception....
As regards Clause 3.4.19, it is evidently a force majeure clause, which reduces to writing the approach of the parties in the event of force majeure conditions arising. ... do with force majeure. ... In disputes over infrastructure contracts, whether an event that has occurred is a force majeure event is itself often a mixed question of fact and contract, for which evidence has to be led. ... To h....
the Force Majeure clause. ... Dutta, the learned Senior counsel for the Respondent Nos. 2 to 7 submitted that a perusal of Clause 14 would also show that for the purpose of invoking the Force Majeure clause, there is a requirement on the part of the contractor to notify within 15 days of the alleged beginning and ending thereof giving ... various documents to be taken note of as to whether the Force Majeure clause ....
Clause 19 imposes a 48-month completion timeline, the vacant possession requirement, the LAD calculation formula, and the exception for force majeure events. ... the force majeure impact. ... Clause 30 scopes force majeure to cover Governmental restrictions/regulations, include consequential impact of regulations, extend to circumstances out of the Respondent's control, and not limited to total work stoppages. ... [32] The SPA's cl 19 (the Responden....
of a force majeure event. ... He submitted that the force majeure clause as agreed, only suspended the performance of obligations of the affected party only to the extent that the force majeure conditions prevented such his submission of documents evidencing the force Majeure conditions shall be approved by the consulates of SAR if the event of the Force Majeure occurred outside the Syri....
He submitted that the force majeure clause as agreed, only suspended the performance of obligations of the affected party only to the extent that the force majeure conditions prevented such obligations to be performed. ... The Arbitral Tribunal interpreted the aforesaid clause of the Agreement in the context of the applicable Swiss Laws and held that the aforesaid force majeure clause did not free BHEL from performance of its obliga....
It is stated in clause 7 that the company, subject to force majeure, undertakes to complete the construction. The meaning of the word company is not exactly clear and for reasons which shall follow, we do not intend to pronounce on the same.
Even in the case of those Petitioners where contracts have already been executed, the mere fact that the force majeure clause may not be contained in the contract. Moreover, one of the Respondents being the GNCTD, it has a duty to also protect the various licensees who are the allotees of the shop. In the alternative, even if the same is contained in the contract, the same would be a factor which the Court would be entitled to consider in a writ jurisdiction since the pandemic is not covered under it.
Force majeure clauses are common in contracts governed by English law, which, however, does not possess any legal concept of force majeure. The party invoking the force majeure event is required to give notice of it as soon as practicable. Accordingly, the events constituting force majeure, the impact of force majeure and the conditions in which it may be invoked stem entirely from the terms of the contract. English law knows no tertium quid between frustration and non-frustration.
Force Majeure is a concept under the Civil Law and a Doctrine which flows out of the Indian Contract Act, 1872. Insofar as the argument of Force Majeure is concerned, it is an admitted fact that there is no express Force Majeure Clause in the Loan Agreements between the parties. The law on Force Majeure has been recently settled by the Supreme Court in the case of Energy Watchdog (supra).
The Owner and Developer cum General Power of Attorney shall not be liable for any failure to perform its obligations hereunder to the extent that such performance has been delayed, hindered or prevented due to circumstances beyond the control of Owner and Developer cum Power of Attorney, its contractor and subcontractors, hindering but not limited to war, civil war, armed conflict (whether, in all cases declared or undeclared and including the serious threat of same), invasion and acts of foreign enemies; riots, sabotage, blockades and embargoes; civil commotion or rebellion; any act or cred....
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