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AuthorAl Marri, Dana Ahmad
Available date2023-08-31T06:57:03Z
Publication Date2023
Publication Name2nd International Conference on Civil Infrastructure and Construction
CitationAl Marri D.A. & Al Kaabi N., "Mitigating Legal Risks in Construction Project Contracts: The Importance and the Applicability of Force Majeure Clauses", The 2nd International Conference on Civil Infrastructure and Construction (CIC 2023), Doha, Qatar, 5-8 February 2023, DOI: https://doi.org/10.29117/cic.2023.0048
ISSN2958-3128
URIhttps://doi.org/10.29117/cic.2023.0048
URIhttp://hdl.handle.net/10576/47082
AbstractContracts in the construction industry are structured in a manner that splits the risks between different contracting parties; hence risk allocations within the contract affect the price and operation. As most Construction Contracts are long-term contracts, therefore, it is essential to consider having provisions to mitigate foreseeable and unforeseeable risks which may reduce the positive economic prospects and gains, if not, properly evaluated, managed and considered under the contract. For those reasons and many others, the Force Majeure (FM) or the act of God clauses are included in almost all construction project contracts. This paper will provide an analysis of the FM clause in the Public Works Authority (PWA) General Conditions of Contracts (GCOC) for 2018 in terms of the meaning of FM, a list of examples, and the consequences of invoking the FM clause and others. Moreover, the FM clause in PWA GCOC 2018 will be compared with other drafts of the FM clause in other forms of contracts that are used internationally, such as the International Federation of Consulting Engineers General Conditions of (FIDIC) Red Book, 1999 and 2017, and others. This comparison was conducted by taking into consideration scholarly opinions and existing literature on the topic. Finally, the paper addresses the gaps in the existing PWA GCOC FM clause and the applicability of the FM clause in cases such as COVID-19 and then recommends some amendments that could be considered in future contracts.
Languageen
PublisherQatar University Press
SubjectForce Majeure
Contraction
Contracts
General Conditions
FIDIC
COVID-19 Pandemic
TitleMitigating Legal Risks in Construction Project Contracts: The Importance and the Applicability of Force Majeure Clauses
TypeConference Paper
Pagination350-358
ESSN2958-3136
dc.accessType Open Access


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