Abstract

Force majeure is one of the most critical risks that affects the obligations of the contract parties in the construction industry. The concept of force majeure, basically, is a civil law concept that is found in the civil codes of most civil law jurisdictions, while common law does not recognize such concept with the same wide definition and application. Occurrence of a Force majeure event can dramatically affect the execution of the contract as it hinders a party of the contract, or both parties, from fulfilling its/their obligations for a reason beyond its/their control and expectation. Thus it is vital to have a well drafted force majeure clause in construction contracts to give an excuse to the affected party from further performance of its obligations under the contract until the expiration of the event or, sometimes, to give a right to terminate the contract. The aim of this research is to propose a force majeure clause applicable to all kinds of construction contracts either governed by a civil law or a common law jurisdiction. To achieve that aim, a questionnaire survey is conducted to explore the opinions and past experience of a selected professional group consisting of twenty five professionals working in the construction field with contract administration background. Based on the finding of literature review, the survey findings, and on a number of contracts the researcher dealt with during his professional life a model clause is developed. The model clause is then verified by obtaining the opinions of three experts in contracts administration. It is also compared with four mega project contracts in several countries. The results of the comparison indicates that the model clause is comprehensive and can be applied to construction contracts to achieve its intended purpose.

Department

Construction Engineering Department

Degree Name

MS in Construction Engineering

Date of Award

2-1-2018

Online Submission Date

January 2018

First Advisor

Ezeldin, A. Samer

Committee Member 1

Waly, Ahmed

Committee Member 2

Khedr, Safwan

Document Type

Thesis

Extent

177 p.

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.

IRB

Not necessary for this item

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