FIDIC / Legal Reference: FIDIC Red Book Clause 19 (1999) / Clause 18 (2017)
An exceptional event or circumstance beyond a party’s control that prevents it from fulfilling its contractual obligations. Under FIDIC, Force Majeure entitles the affected party to an extension of time and, in some circumstances, termination — but not automatically to additional payment.
What it means in practice
Clause 19 of the 1999 Red Book defines Force Majeure as an exceptional event which is beyond a party’s control, could not reasonably have been provided against before entering the contract, could not reasonably have been avoided or overcome, and is not substantially attributable to the other party. The affected party must give notice within 14 days of becoming aware of the event.
The contractor’s entitlement is limited to an extension of time — additional costs are recoverable only in the specific circumstances listed in the clause (such as natural catastrophes). The 2017 edition reorganises this under Clause 18 with minor modifications.
Where disputes arise
Post-COVID, Force Majeure clauses were tested extensively across UAE construction contracts. Many contractors found that supply chain disruptions and labour shortages did not meet the strict legal threshold for Force Majeure relief.
UAE Context
UAE Civil Code Article 273 provides a statutory Force Majeure defence that operates independently of the contractual clause. Where the statutory defence applies, the obligation is extinguished — not merely postponed. UAE courts require strict proof of impossibility, not merely difficulty.
Related terms
Force Majeure claims require precise notice compliance and careful legal analysis. e-Basel provides expert witness and advisory support on Force Majeure entitlement in FIDIC and UAE-governed contracts.
FIDIC Expert Witness Dubai →Search terms: force majeure FIDIC UAE · clause 19 FIDIC · construction force majeure claim · COVID construction claim UAE · force majeure notice requirement FIDIC