Article Title

Force Majeure in FIDIC Contracts: A Comparative Study "Study of the FIDIC International Model 2017 Red Book"

Authors

Dr. Abdul-Rahman Mohamed Salem, Lecture, Faculty of law, Damietta UniversityFollow

Abstract

The implementation of international and internal FIDIC contracts is obstructed by some circumstances, which prevent the implementation of one or some of these contract obligations or may terminate the implementation of the contract permanently for one of its parties. Among those circumstances is the force majeure (exceptional event); Therefore, its concept must be defined in the FIDIC contracts, and the extent of its distance or proximity to its general concept in the rule of general rules. In addition to the need to prove them and verify their availability by notification of their availability in the cases specified by those contracts and comparing them with the cases stipulated by internal legislation, and whether or not they are specified exclusively or not. This ultimately leads to determining and controlling its effects on the contract in relation to the period of implementation of the contract, whether in terms of reducing the delay in implementing the obligation, prolonging its completion period or recovering additional dues paid due to this circumstance, or with regard to terminating all contractual obligations, whether by voluntary termination of the contract, or exemption from liability if the contractual obligation violates the law.

Recommended Citation

Salem, Dr. Abdul-Rahman Mohamed (2023) "Force Majeure in FIDIC Contracts: A Comparative Study "Study of the FIDIC International Model 2017 Red Book"," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 93: No. 93, Article 1.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol93/iss93/1