Offshore Construction Law and Practice

Page 349


Force majeure

A Introduction

15.1 It is rare during the performance of an offshore construction project for the Contractor, at some point, not to submit at least one claim for an extension of time due to force majeure causes. It is almost equally rare for the Company readily to acknowledge that a force majeure event has occurred and to grant the Contractor the extension of time that is sought. Ordinarily, the Company will dispute that the relevant event falls within the terms of the force majeure clause. Even if a force majeure event has occurred, the Company will insist that it has had no impact on the Contractor’s ability to perform the work in accordance with the contract schedule. Nonetheless, significant time and effort is expended during contract negotiations in agreeing suitable, and often lengthy and detailed, provisions relating to force majeure events and their consequences.

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