Exceptional Event

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Term Info
Exceptional Event
Category Contract Terms
Last Edit By FIDIC
E-Mail suggestions [at] fidicterms.org
Last Edit Date 2017-11-19

Exceptional Event means :

CCC2017.png Conditions of Contracts for Construction (2nd edition 2017)

An event or circumstance as defined in Sub-Clause 18.1 [Exceptional Events].

CCPD2017.png Conditions of Contracts for Plant and Design-Build (2nd edition 2017)

An event or circumstance as defined in Sub-Clause 18.1 [Exceptional Events].

CCEPC2017.png Conditions of Contracts for Engineering, Procurement & Construction (EPC) / Turnkey (2nd edition 2017)

An event or circumstance as defined in Sub-Clause 18.1 [Exceptional Events].

SC2017.png Sub-Consultancy Agreement, (2nd edition 2017)

An event or circumstance which is (a) beyond a Party’s control; (b) which such Party could not reasonably have provided against before entering into the Sub-Consultancy Agreement; (c) which having arisen, such Party could not reasonably have avoided or overcome; and (d) which is not substantially attributable to the other Party. An Exceptional Event may include, but is not limited to, events or circumstances of the kind listed below, subject to (a) to (d) above:

  • war, hostilities (whether war be declared or not), invasion, act of foreign enemies;
  • rebellion, terrorism, revolution, insurrection, military or usurped power or civil war;
  • riot, commotion, disorder, strike or lockout by persons other than the Sub-Consultant’s personnel and other employees/consultants for which the Sub-Consultant is responsible;
  • munitions of war, explosive materials, ionising radiation or contamination by radio-activity except as may be attributable to the Sub-Consultant’s actions; or
  • natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.

An Exceptional Event shall not arise or be constituted under the Sub-Consultancy Agreement unless the same circumstances also give rise to an Exceptional Event under the Agreement.

CCMS2017.png Clients/Consultants Model Services Agreement (5th edition 2017)

An event or circumstance which is (a) beyond a Party’s control; (b) which such Party could not reasonably have provided against before entering into the Agreement; (c) which having arisen, such Party could not reasonably have avoided or overcome; and (d) which is not substantially attributable to the other Party. An Exceptional Event may include, but is not limited to, events or circumstances of the kind listed below, subject to (a) to (d) above:

  • war, hostilities (whether war be declared or not), invasion, act of foreign enemies;
  • rebellion, terrorism, revolution, insurrection, military or usurped power or civil war;
  • riot, commotion, disorder, strike or lockout by persons other than the Consultant’s personnel and other employees of the Consultant and Consultant´s sub-consultants;
  • munitions of war, explosive materials, ionising radiation or contamination by radio-activity except as may be attributable to the Consultant’s actions;
  • natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.

DR01.png Form of Contract for Dredging and Reclamation Works (2nd edition 2016)

An event or circumstance which:

  • is exceptional and beyond a Party‘s control;
  • such Party could not reasonably have provided against before entering into the Contract;
  • having arisen, such Party could not reasonably have avoided or overcome; and; and
  • is not substantially attributable to the other Party.

DBO08.png Conditions of Contract for Design Build & Operate (DBO) Projects (1st edition 2008)

An event or circumstance which is:

(a) beyond a Party’s control;

(b) which the Party could not reasonably have provided against before entering into the Contract;

(c) which having arisen, such Party could not reasonably have avoided or overcome; and

(d) which is not substantially attributable to the other Party.