A year ago, in May 2020, the two most prominent discussion topics, in the context of the Covid-19 pandemic, were the concepts of “Force Majeure” and “frustration of contracts”. Every industry was scrambling to ascertain whether or not their contracts contained a “Force Majeure” clause and, if so, whether a global pandemic was a sufficient trigger event for the applicability of such a clause. The infrastructure and construction sectors were no exception.
Where the contractual “Force Majeure” clause was broad enough to be applicable, the next question that arose was the procedural requirements to invoke the clause – i.e., the issuance of notices, the maintenance of contemporaneous records, etc. In other words, how and to what extent could the contractor raise a claim for an extension of time.
Please refer to the below document to read the full article by Ananya Kumar published in Construction Times.
Ananya focuses on Corporate & Commercial Litigation and Dispute Resolution; with a particular focus on Construction & Engineering, Oil & Gas, Infrastructure and Roads’ Project contracts.