COMMENTARY OF SUB-CLAUSE 19.1 IN LIGHT OF THE PANDEMIC CIRCUMSTANCES by Uditha Tharanga

Undeniably, the current effect of the COVID-19 pandemic has become challenging and the construction industry has been adversely affected in many ways for which we had not planned. The employers, developers, builders, and the employees are all facing substantial problems during the times of the pandemic. Contractors are seeking reliefs and entitlements under the terms of the respective contracts.
It is not uncommon to see many practitioners address the present situation as a “Force Majeure” event while some others oppose the same owing to not having full understanding as to what constitutes a “Force Majeure” under their respective contracts. As many of the projects, particularly in the Middle East, are being delivered under the FIDIC standard forms of contract, it is worthwhile discussing the Force Majeure clause of FIDIC conditions of contract in detail. I have previously written an article concerning COVID-19 in light of the UAE Law and the FIDIC forms of contract from which you might benefit by reading alongside this.

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