The Construction Contracts Co.
Glossary
Glossary / Force majeure

Force majeure

Force majeure is a contract clause excusing performance when defined events beyond the parties' control - natural disasters, war, pandemics - prevent it; with no clause, there is no general force majeure doctrine in Australian law to fall back on.

Everything depends on the defined list and its consequences: usually time relief (an EOT) but rarely money. Many subcontracts give the builder force majeure relief upward while giving you only the EOT regime, with its notice windows, downward.

Why it matters to subbies

Check whether the events that would actually stop your work - weather beyond the stated allowance, supply chain failure, epidemic restrictions - qualify for relief, and serve notice inside the ordinary windows anyway when they occur.

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General information for Australian subcontractors, not legal advice - contract drafting and state legislation vary and change; your document and your state's Act govern. Written by Mat Kennedy at The Construction Contracts Co.