FIDIC reference
Clause 18 — Exceptional Events
Formerly Force Majeure: events beyond a party’s control giving relief, EOT and sometimes Cost.
Applies in: Red BookYellow BookSilver Book
Clause 18 (Force Majeure in 1999) covers Exceptional Events — events beyond a party’s reasonable control that it could not have prevented (war, rebellion, terrorism, natural catastrophes, etc.). The affected party gives notice within 14 days; an entitlement to EOT arises, and to Cost for some events. If an event continues beyond the set period (more than 84 days in total), either party may terminate (18.5).
Key points
- Notice within 14 days (18.2).
- Entitlement to EOT; to Cost for some events.
- Long event (>84 days) → termination possible (18.5).
- Formerly called Force Majeure (1999).
How this works in practice
Invoking an exceptional event almost never succeeds on the bare fact of the event. The chain has to be shown: the event meets the Clause 18 characteristics, it was beyond the party’s control, it could not be avoided by reasonable measures, and it — not the party’s own lack of readiness — prevented performance. In practice the argument usually turns on the third element, what the party did to mitigate. One more detail: Clause 18 typically yields time and limited cost, not a full damages package, which disappoints those treating it as a universal shield.
Common traps
- Notice is served late: Clause 18 has its own periods and they do not coincide with the general 20.2 cycle.
- Mitigation measures are not documented — this is where most force-majeure arguments collapse.
- Particular Conditions narrow the list of qualifying events or require the event to be expressly named in it.
Versions: 1999 → 2017 → 2022
- 1999
Was called Force Majeure (Clause 19).
- 2017
Renamed Exceptional Events (Clause 18); the list and consequences were clarified.
- 2022
No substantive change in the 2022 reprint.
Clause FAQ
Which FIDIC books use Sub-Clause 18?
The clause applies in Red Book, Yellow Book, Silver Book. Particular Conditions may change the standard risk allocation, so always check the project contract.
Do price rises or material shortages count as an exceptional event?
On their own, generally no: commercial risk and market movement are what a contractor takes by default. The mechanism for that is different — adjustments under Clause 13, including changes in law and, where provided, price formulae. The underlying cause may qualify (a border closure by state decision, say), but the link to the inability to perform must be proved separately.
What changed compared with Force Majeure in the 1999 edition?
The main change is terminological and conceptual: Force Majeure became Exceptional Events, deliberately moving away from national force-majeure doctrines that mean different things in different jurisdictions. The structure remains recognisable: characteristics of the event, notice, consequences, prolonged prevention and release. In practice this means reading the clause on its own words rather than through a local understanding of force majeure.
Glossary terms
Related clauses
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Reference material, not legal advice. Always check your contract and the Particular Conditions.