Jurisdiction(s):
United Kingdom

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Key definition

Force majeure definition

What does Force majeure mean? Force majeure describes a contractual mechanism allocating the risk of events beyond a party’s reasonable control that prevent, hinder or delay performance (for example, natural disasters, war, epidemics/pandemics, strikes, or government action). It is not a free‑standing legal doctrine in England & Wales, Scotland, Northern Ireland or Ireland; its effect depends entirely on the wording of a force majeure clause, which courts interpret strictly by reference to case law rather than any statutory definition. Typical clauses list specified events plus a catch‑all, require prompt notice and reasonable mitigation, and provide relief from breach (suspension or an extension of time)....

Force majeure in construction contracts under English law: drafting, causation, mitigation, and JCT/NEC/FIDIC mechanisms, with Brexit, COVID-19, materials shortages and Ukraine examples

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Practice notes

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What is Force majeure?

Force majeure denotes an occurrence outside the parties’ control that prevents them from meeting their contractual obligations. The courts have previously indicated that force majeure goes further than what is commonly meant by the expressions ‘Act of God’ or ‘vis major’. There is, nevertheless, no exact legal definition of force majeure, so whether an event qualifies will depend on how the contract is construed. Standard form building contracts approach force majeure in varying ways (see below: Force majeure in standard form building contracts). Parties might, or might not, choose to set out a definition of force majeure within their agreement. As a result, predicting with any certainty what will amount to force majeure in any given situation is difficult—the language of any force majeure clause, together with the particular facts, must be carefully analysed in each instance. Accordingly, there is no single, universal meaning, and interpretation will always be contract-specific and fact-sensitive in practice, individually considered. This Practice Note addresses force majeure in the setting of construction contracts. For wider discussion of force majeure clauses, see Practice Note: Force majeure—consequences and contract discharge...

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Web page updated on 21/05/2026

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