Conflict, contracts and uncertainty: Why force majeure clauses matter more than ever
-
admin
- March 22, 2026
- 2
When conflict erupts, the first disruptions are often measured not only in geopolitical headlines but also in legal notices. Within just two days of the current crisis in the Middle East, contractors involved in major infrastructure projects in Qatar had begun issuing and receiving force majeure notices.This rapid response reflects a deeper reality about doing business in a region impacted by global politics. Large-scale infrastructure projects, from transport networks to energy facilities, are often planned years in advance and involve billions of dollars in investment. Yet geopolitical events can change the operating environment overnight. When they do, one contractual mechanism quickly moves from the fine print to the forefront: force majeure.The term ‘force majeure,’ meaning ‘superior force,’ originates in French civil law but has become a standard feature in international construction contracts. It allows a party to suspend or avoid certain contractual obligations when extraordinary events beyond its control, such as war, natural disasters or terrorism, prevent performance.For contractors and developers operating in the Middle East today, reviewing these provisions is not merely a legal technicality. It is an urgent commercial necessity. In the absence of an explicit force majeure clause, parties may find themselves with limited protection when external events disrupt their ability to perform a contract.Under English common law, for example, the doctrine of frustration may excuse performance if an unforeseen event fundamentally changes the nature of the contract. However, this doctrine applies only in narrow circumstances. By contrast, the Qatar Civil Code expressly recognises the concept of force majeure under Article 188. Even so, most construction contracts include their own detailed force majeure provisions to clarify how risk will be allocated when extraordinary events occur.At the heart of every force majeure clause lies a definition of what qualifies as a force majeure event. Some contracts adopt a broad formulation, referring to any event beyond the reasonable control of the affected party. Others rely on more detailed lists of qualifying events such as war, floods, earthquakes, or terrorist attacks. Both approaches have advantages and risks.A narrowly drafted list may fail to capture unforeseen crises, leaving parties exposed if a disruption falls outside the specified categories. On the other hand, overly broad definitions can create uncertainty about when the clause should legitimately apply. As a result, many modern construction contracts combine the two approaches: listing anticipated events while also including broader ‘catch-all’ language to capture similar circumstances that the parties may not have predicted. But identifying a qualifying event is only the first step.To rely on force majeure, a party must usually demonstrate several key elements. The event must have prevented, hindered, or delayed performance of contractual obligations. It must be beyond the party’s control. And the party must show that it could not reasonably have avoided or mitigated the consequences. This last requirement is particularly important.Force majeure is not a remedy for commercial inconvenience. A contractor cannot rely on the clause simply because a project has become more expensive or difficult. Courts and arbitral tribunals will typically expect evidence that reasonable steps were taken to mitigate the impact of the disruption.Equally critical are the procedural requirements contained in most contracts. Force majeure clauses usually require the affected party to notify its counterparty within a specified timeframe. These notices must explain the nature of the event and how it is preventing performance. In practical terms, this means that failing to comply with the notice requirements, even during a crisis, may prevent a party from relying on force majeure at all. In fast-moving situations such as regional conflict, this can create significant legal risk.When properly invoked, the most common consequence of force majeure is the temporary suspension of contractual obligations. In effect, the contract is paused while the disruptive event continues to prevent performance. If the disruption persists for a prolonged period, however, termination may follow.Many construction contracts allow either party to terminate the agreement after six to twelve months of sustained force majeure. In those circumstances, contractors are typically paid for work completed and may recover certain costs, such as demobilisation expenses, but they rarely receive compensation for lost profits. These scenarios frequently give rise to disputes, particularly regarding the valuation of completed work and the costs incurred before termination, so careful documentation of project progress and costs can be critical evidence if disagreements later arise.The current regional crisis serves as a stark reminder that even the most carefully negotiated contracts operate within a broader geopolitical environment. Infrastructure development across the Middle East continues to accelerate, but global tensions mean that disruption can never be entirely ruled out.In this context, force majeure clauses are far more than standard boilerplate. They are essential tools for managing risk in an unpredictable world. For companies operating in the region’s construction sector, understanding how these clauses work, and ensuring they are drafted and invoked correctly, may ultimately determine whether a crisis results in a manageable delay or a costly legal dispute.Matthew Williams is Counsel at Crowell & Moring in Doha. With more than a decade of experience in Qatar, he advises on construction, project finance and arbitration matters across the region. Related Story
