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Force Majeure, Hardship & Termination in Construction Contracts Training Course

Guides project teams through force majeure, hardship, suspension, and termination in construction contracts as projects are rescheduled, stopped, and settled.

CFC · Construction Contracts, FIDIC & ClaimsAll Levels#3151ClassroomEnglish , Arabic
Duration
5 Days
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Free substitution at any time · 30+ days' notice: full refund minus 10%. Cancellation policy

Course Overview

The Force Majeure, Hardship & Termination in Construction Contracts Training Course equips contract managers, project directors, legal advisers, and public project owners with the practical knowledge needed to act correctly when a construction project can no longer proceed as planned. Across the Gulf and Africa, projects are being rescheduled, re-phased, slowed, or stopped as priorities, budgets, supply conditions, and security circumstances change, and the decisions taken in those first weeks often determine who bears the cost for years afterward. The course treats these events as one connected decision path. Participants learn to distinguish force majeure, which excuses performance when an event makes it impossible or prevents it, from hardship, which addresses performance that remains possible but has become excessively onerous, and both from the employer's own decision to reschedule or stop a project. They compare the Force Majeure provisions of FIDIC 1999 with the Exceptional Events provisions of the 2017 editions, examine how bespoke clauses alter that allocation, and see why the governing law matters, contrasting the common law approach to frustration with the civil law treatment of force majeure and unforeseen circumstances found across much of the region, with the UNIDROIT Principles as a neutral reference. The program then moves to consequences. Participants work through notice and evidence, the duty to mitigate, relief in time and cost, suspension, demobilization and preservation of the works, and re-baselining when work resumes. On termination, they examine the employer's termination for contractor default, termination for convenience, the contractor's right to terminate, and optional termination following prolonged events. They also cover valuation at termination, payment for work done and materials, subcontract consequences, performance bonds and advance payment guarantees, site handover, and negotiated exit as an alternative to dispute. The course is delivered through project case studies, clause comparison exercises, notice drafting, termination scenario simulations, and a final workshop on a stopped project. Participants leave with a force majeure and hardship assessment tool, a notice and evidence checklist, a suspension and demobilization plan outline, a termination decision guide, and a termination account template they can adapt to their own contracts.

Learning Objectives

  • Distinguish force majeure, hardship, frustration, employer risk events, and an employer's own decision to reschedule or stop a project.
  • Interpret force majeure and Exceptional Events provisions in FIDIC 1999 and 2017, and identify how bespoke amendments change them.
  • Assess how the governing law affects relief, including common law frustration and civil law force majeure and hardship concepts.
  • Test whether a specific event meets the contractual criteria, including causation, foreseeability, avoidability, and the actual effect on performance.
  • Prepare notices and supporting evidence that preserve rights from the first sign of a disruptive event through its continuing effects.
  • Apply the duty to mitigate, and document reasonable efforts to reduce delay, cost, and damage during a disruptive event.
  • Evaluate the time and cost relief available under the contract, and separate the costs that are recoverable from those that are not.
  • Plan suspension, demobilization, preservation of the works, and remobilization, and allocate their costs through the contract.
  • Manage rescheduling and re-baselining of a project through agreed amendments that protect both the program and the parties' positions.
  • Evaluate hardship relief and renegotiation options, including price adjustment, re-phasing, and revised contract risk allocation.
  • Compare the routes to termination: contractor default, convenience, contractor rights, and optional termination after prolonged events.
  • Execute termination procedures correctly, covering notices, site handover, valuation, bonds, guarantees, and subcontract consequences.
  • Prepare a termination account, and assess negotiated exit and settlement against the likely cost and risk of formal dispute.

Who Should Attend

This course is designed for contract managers, commercial managers, project directors, project managers, quantity surveyors, and claims specializts who must respond when a construction project is delayed, re-phased, suspended, or brought to an end. Planners, site managers, and procurement staff who must carry out suspension, demobilization, and handover decisions on the ground will also benefit. It is equally relevant for in-house lawyers, legal advisers, procurement and contracts officers, risk managers, finance managers, and the Engineers, employer's representatives, and project management consultants who advise on notices, relief, and termination decisions. Senior executives and board members who approve the rescheduling, suspension, or termination of major projects will gain a clear view of the choices and consequences involved. Professionals in government ministries, public works and infrastructure authorities, national oil and energy companies, sovereign development entities, real estate developers, main contractors, subcontractors, and engineering consultancies across the Gulf and Africa will find the course directly applicable. It is particularly valuable for owners reviewing a portfolio of projects to be rescheduled or stopped, for contractors and subcontractors whose projects have slowed or stalled, and for teams who must make a sound decision quickly without damaging their legal position or commercial relationships.

Learning Outcomes

  • By the end of this course, participants will be able to:
  • Classify a disruptive event as force majeure, hardship, frustration, an employer risk, or an employer decision, and explain the consequences of each classification.
  • Interpret force majeure and Exceptional Events provisions in FIDIC 1999 and 2017 conditions and bespoke amendments.
  • Explain how the governing law can change the relief available, and when specializt legal advice is needed.
  • Test an event against contractual criteria, including causation, foreseeability, avoidability, and effect, and reach a reasoned conclusion on relief.
  • Draft notices and evidence plans that preserve rights while an event and its effects continue.
  • Document mitigation efforts and identify the time and cost relief that can be supported by the project's records.
  • Prepare a hardship case and a renegotiation position for a rescheduled or re-phased project.
  • Plan suspension, demobilization, preservation of the works, and later remobilization, with a clear allocation of their costs.
  • Agree a new baseline program with amendments that protect the parties' positions when work resumes on site.
  • Choose the appropriate termination route and follow its procedure without wrongful termination.
  • Prepare a termination account covering work done, materials, demobilization, bonds, and guarantees, with supporting records for each item.
  • Compare negotiated exit with formal dispute, and record a clear settlement that closes the agreed matters.

Course Outline

Course Outline:

Day 1

Disruptive Events and the Contract: The Legal Framework

  • Why projects are rescheduled or stopped, and why the cause determines who bears the cost
  • Force majeure, hardship, frustration, employer risk events, and employer decisions compared
  • Force Majeure in FIDIC 1999 and Exceptional Events in the 2017 editions
  • How bespoke amendments and public works conditions change the allocation of risk
  • Governing law: common law frustration compared with civil law force majeure and hardship
  • The UNIDROIT Principles as a neutral reference on hardship
  • Mandatory rules and the limits of contract wording
  • Choosing the right route early: how the first classification of an event shapes later rights
  • Practical application: participants compare two force majeure clauses against the same event
Day 2

Force Majeure in Practice: Testing, Notice, and Relief

  • The tests: an event beyond control, foreseeability, avoidability, and effect on performance
  • Causation and evidence: why a general crisis is not enough to establish relief
  • Typical events: conflict, sanctions, epidemics, supply disruption, and government action
  • Notice requirements, ongoing updates, and preserving rights during a continuing event
  • The duty to mitigate and how to document reasonable efforts
  • Relief in time and cost, and the treatment of concurrent causes of delay
  • Effect on subcontracts, supply chains, insurance, and back-to-back obligations
  • Common errors: late notices, generic evidence, unsupported costs, and overreliance on crisis headlines
  • Practical application: participants assess a case study event and draft the notice and evidence plan
Day 3

Hardship, Rescheduling, and Renegotiation

  • Hardship compared with force majeure: performance still possible but excessively onerous
  • Thresholds, burden of proof, and the role of a court, tribunal, or adjudicator in adjusting obligations
  • Material price and currency shocks: price adjustment clauses, their limits, and supporting evidence
  • Employer-led rescheduling: slowing down, re-phasing, omissions, and scope reduction
  • Limits on using variations to omit work, and the contractor's entitlement in response
  • Re-baselining the program: agreed amendments, revised milestones, and reservation of rights
  • Structuring a renegotiation, and recording what is settled and what remains open
  • Protecting relationships and cash flow while the parties negotiate revised contract terms
  • Practical application: participants negotiate a re-phasing amendment for a slowed public project
Day 4

Suspension, Demobilization, and Preserving the Works

  • Suspension by the Engineer or employer, and the contractor's right to suspend or slow work
  • Prolonged suspension: when it can become an omission or a ground for termination
  • Planning demobilization: staff, plant, site facilities, subcontractors, and long-lead procurement
  • Preserving and securing the works, and handling materials on and off site
  • Records for a stopped site: joint surveys, inventories, photographs, and progress valuation
  • Cost recovery: standing time, preservation, demobilization, and remobilization
  • Bonds, guarantees, insurance, and permits during a long suspension
  • Restart planning: condition surveys, re-pricing, resource return, and a revised program
  • Practical application: participants prepare a suspension and demobilization plan for a large site
Day 5

Termination and Exit: Routes, Valuation, and Settlement

  • Termination for contractor default: grounds, procedure, and the risk of wrongful termination
  • Termination for convenience: scope, good faith limits, and what the contractor recovers
  • Termination by the contractor, and optional termination following prolonged events
  • Site handover, valuation at termination, and the termination account
  • Performance bonds, advance payment guarantees, retention, and calling risks
  • Subcontract consequences and completion of the works by others
  • Public sector considerations: approvals, audit trails, and accountability for termination decisions
  • Negotiated exit and settlement agreements compared with adjudication and arbitration
  • Final workshop: participants develop an action plan and exit decision for a stopped project

Upcoming Dates

Selected date

Cape Town · 4 – 8 Oct 2027 · Classroom

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CityDatesPrice per ParticipantEarly Bird
AccraScheduled
2 – 6 Nov 2026€5,100—
AmmanScheduled
8 – 12 Nov 2026€3,100—
AmsterdamScheduled
16 – 20 Nov 2026€5,400—
BakuScheduled
16 – 20 Nov 2026€4,800—
BarcelonaScheduled
23 – 27 Nov 2026€5,400€4,860until 2 Nov
BeirutScheduled
29 Nov – 3 Dec 2026€4,000€3,600until 9 Nov
BerlinScheduled
30 Nov – 4 Dec 2026€5,800€5,220until 9 Nov
CairoScheduled
6 – 10 Dec 2026€3,300€2,970until 16 Nov
Cape TownScheduled
14 – 18 Dec 2026€5,100€4,590until 23 Nov
DammamScheduled
20 – 24 Dec 2026€4,200€3,780until 30 Nov
CasablancaScheduled
21 – 25 Dec 2026€4,300€3,870until 30 Nov
DohaScheduled
27 – 31 Dec 2026€4,400€3,960until 7 Dec
DubaiScheduled
3 – 7 Jan 2027€4,400€3,960until 14 Dec
ErbilScheduled
3 – 7 Jan 2027€3,100€2,790until 14 Dec
IstanbulScheduled
11 – 15 Jan 2027€4,700€4,230until 21 Dec
JeddahScheduled
17 – 21 Jan 2027€4,200€3,780until 28 Dec
KigaliScheduled
18 – 22 Jan 2027€5,100€4,590until 28 Dec
Kuala LumpurScheduled
25 – 29 Jan 2027€4,400€3,960until 4 Jan
LisbonScheduled
1 – 5 Feb 2027€5,400€4,860until 11 Jan
LondonScheduled
1 – 5 Feb 2027€5,600€5,040until 11 Jan
MadinahScheduled
8 – 12 Feb 2027€4,200€3,780until 18 Jan
MadridScheduled
15 – 19 Feb 2027€5,400€4,860until 25 Jan
MakkahScheduled
22 – 26 Feb 2027€4,200€3,780until 1 Feb
ManamaScheduled
22 – 26 Feb 2027€4,700€4,230until 1 Feb
MuscatScheduled
1 – 5 Mar 2027€5,300€4,770until 8 Feb
OnlineScheduled
7 – 11 Mar 2027€1,700€1,530until 15 Feb
ParisScheduled
8 – 12 Mar 2027€5,700€5,130until 15 Feb
Sharm El-SheikhScheduled
15 – 19 Mar 2027€4,300€3,870until 22 Feb
AbujaScheduled
22 – 26 Mar 2027€5,100€4,590until 1 Mar
SingaporeScheduled
22 – 26 Mar 2027€6,700€6,030until 1 Mar
Cape TownScheduled
4 – 8 Oct 2027€5,100€4,590until 13 Sept

Available in: Istanbul · Dubai · London · Doha · Amsterdam

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