FIDIC glossary · Procedures
Exceptional Event
Exceptional Event
In short
An event beyond the parties’ control (Force Majeure in 1999), giving relief from liability (Clause 18).
What is a Exceptional Event?
An Exceptional Event is what the 1999 editions called Force Majeure. The 2017 rename is not cosmetic: "force majeure" means different things in different legal systems, and FIDIC moved away from it so the contract defines the concept itself rather than deferring to national law.
The definition rests on four conditions, all of which must hold at once: the event is beyond a party's control; the party could not reasonably have provided against it before entering the contract; having arisen, the party could not reasonably have avoided or overcome it; and it is not substantially attributable to the other party. The list that follows — war, rebellion, riot, terrorism, natural catastrophe — is indicative, not exhaustive.
The practical consequence matters more than the definition: an Exceptional Event gives **an extension of time, but not money**. Cost is recoverable only for certain categories of event, and only where they occur in the country of the project. This is the archetypal "time, no money" case.
The procedure is tight: notice within 14 days of when the party became aware or should have become aware. That is shorter than the usual 28 days under Clause 20, and it is regularly forgotten.
If the event prevents performance for 84 continuous days, or 140 days in aggregate, either party may terminate.
Where it sits in the contract
Related terms
Need this read against your own contract?
This explains how the mechanism works in the standard form. How it works in your contract, after the Particular Conditions, is a separate question.
Talk to an expert →A reference explanation of the FIDIC standard conditions. Not legal advice, and not a reproduction of the FIDIC books.