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"Force majeure: refers to unforeseeable, unavoidable and insurmountable objective circumstances.

Article 39 of the General Terms and Conditions states: "Force majeure includes fire, fire, and natural disasters such as wind, rain, snow, flood, earthquake and other natural disasters caused by war, falling aerial objects or other non-liability of the Employer." It said:

The costs and delays caused by force majeure events shall be borne by both parties in the following ways: (1) the damage to the project itself, the loss of third party personnel and property caused by the damage to the project, and the damage to the materials and equipment to be installed transported to the construction site for construction shall be borne by the employer; (2) The personnel of the employer and contractor** shall be responsible for the unit to which they belong and bear the corresponding expenses; (3) The contractor shall bear the damage to the contractor's machinery and equipment and the loss of work stoppage; (4) During the period of suspension of work, the employer shall bear the expenses of the necessary management personnel and security personnel who remain at the construction site at the request of the engineer; (5) The cost of cleaning and repairing the project shall be borne by the employer; (6) The construction period of delay shall be extended accordingly. The provisions of Articles (2) and (3) are completely opposite to those of the FIDIC Red Book and the New Red Book.

In the Red Book, these force majeure are listed as "employer's risks". The loss caused by the employer's risk shall be borne by the employer. The Red Book also lists some employers' risks, which are generally force majeure other than natural disasters, as "special risks".

Under the General Conditions, the Contractor shall not be liable for any damages or other liability arising out of any of the exceptional risks in paragraph 1: (a) for damage to or damage to the Works, except for the Works, which were declared to be unqualified before the occurrence of the Exceptional Risks in accordance with Article 39; (b) damage to or damage to the property of the owner or a third party; (c) Personal Assault**. From this, we can see that after the occurrence of special risks, the contractor is not liable for personal **.

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The concept of force majeure:

The so-called force majeure refers to "unforeseeable, unavoidable and insurmountable objective circumstances" in the General Principles of the Civil Law of China.

Force majeure circumstances:

1) Natural disasters, such as typhoons, floods, hailstorms;

2) ** acts, such as expropriation and requisition;

3) Abnormal social events, such as strikes, riots.

Force majeure is both a clause in a contract and a legal principle.

Necessary conditions for force majeure:

Force majeure is mainly composed of natural disasters, such as floods, fires, etc. Some social factors can also constitute force majeure. For example, the change of plan, the adjustment of a certain national policy, etc., whether it is a natural disaster or a social factor, force majeure must meet the following conditions at the same time:

1. Unpredictability.

The parties to the contract must have been unable to foresee the occurrence of the force majeure event. If it could have been foreseen, or should have been foreseeable, it does not constitute force majeure, for example, if a ship transports a batch of goods from one seaport to another, and the captain of the ship leaves the ship without listening to the radio weather forecast before going to sea, and as a result, the cargo is damaged by a storm. The storm was not force majeure for the captain.

This is because the captain of a ship transporting by sea should know the weather forecast of the day before going to sea, and the weather forecast has foretold the storm, and the captain can foresee it, but due to negligence and neglect, he should bear the responsibility for the damage to the cargo.

2. Inevitability.

Even if an unforeseeable disaster occurs, if the consequences can be avoided, then it does not constitute force majeure, and only if no measures can be taken to avoid it, it has the characteristics of force majeure. For example, if a ship encounters a storm at sea, there is a safe haven nearby, but if it does not enter, it will also be liable for damage to the cargo.

3. Insurmountability.

This is the last characteristic of force majeure. It means that the parties cannot overcome the consequences of the event, that is, there is no way to prevent it, which is an extension of force majeure.

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Bear your own responsibility or negotiate with both parties.

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China is generally the Council for the Promotion of International Trade (China International Promotion Committee).

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