ABIC SW 2018 H · New South Wales
Force Majeure in Building Contracts
The events no one can control (disasters, pandemics, war, government action), and why the standard ABIC form leaves builders and owners to argue about them after the fact.
The problem with the silent standard form
The standard ABIC SW 2018 H contract does not contain a general force majeure clause. When something outside everyone’s control stops the job (a flood, a pandemic lockdown, a border or supply shutdown, a government direction), there is no single, agreed mechanism that says what happens to time, obligations and the right to walk away.
That silence does not make the risk disappear; it just pushes the fight to the worst possible moment. Instead of following a pre-agreed rule, the parties end up arguing about extensions of time, whether obligations are suspended, and whether anyone can bring an indefinitely stalled project to an end, often while costs keep mounting.
- No agreed definition of the events that count, so every disruption is argued from scratch.
- Uncertainty about whether obligations are paused or continue to run during the event.
- No clean exit if a disruption drags on for months with no end in sight.
- Disputes land at the worst time, mid-crisis, with money and program under pressure.
How the force majeure Special Conditions fix it
These Special Conditions add a force majeure regime on top of the monthly progress payment amendment. They give the ABIC SW 2018 H contract a clear, agreed mechanism for delay events beyond the control of the parties (natural disasters, pandemics, war and acts of government), instead of leaving the outcome to be argued afterwards.
While a qualifying event continues, affected obligations are suspended rather than breached. And if the disruption runs on, either party may bring the contract to an end after sixty continuous days of qualifying delay, so neither side is trapped in a project that cannot move.
Standard ABIC form vs with Special Conditions
| Aspect | Standard ABIC form | With Special Conditions |
|---|---|---|
| Qualifying events | Not defined, argued case by case. | Named categories: natural disasters, pandemics, war, acts of government. |
| Effect on obligations | Unclear whether they pause or keep running. | Affected obligations are suspended while the event continues. |
| Exit from an endless delay | No clean mechanism to end a stalled project. | Either party may terminate after sixty continuous days of delay. |
| When it is negotiated | Mid-crisis, under pressure. | Agreed up front, before anything goes wrong. |
Who this protects
Builders
A defined right to relief when an uncontrollable event stops the job, rather than exposure to time-related claims you could not have prevented.
Owners & owner-builders
Certainty about what happens to your project and your obligations if disaster strikes, and a clean way out if it drags on.
Architects
A clear rule to administer when the unexpected happens, instead of mediating an open-ended dispute about time and suspension.
Common questions
Does the standard ABIC building contract include a force majeure clause?
No. The standard ABIC SW 2018 H contract does not contain a general force majeure clause. These Special Conditions add one, giving the contract an agreed mechanism for delay events beyond the control of the parties.
What counts as a force majeure event under these Special Conditions?
They address delay events beyond the control of the parties, including natural disasters, pandemics, war and acts of government, suspending affected obligations while the event continues.
What happens if a force majeure delay drags on?
Either party may bring the contract to an end after sixty continuous days of qualifying delay, so neither side is locked into an indefinitely stalled project.
Do the force majeure conditions also change the payment structure?
Yes. The force majeure option includes the full monthly progress payment regime and adds the force majeure provisions on top, so you get both protections in one set of Special Conditions.
The Special Conditions that do this
Licensed, ready-to-use Special Conditions drafted by Christopher Larcos, a solicitor and architect with more than 40 years in the construction industry.
ABIC SW 2018 H NSW, Monthly Payment Structures & Targeted Amendments
ABIC SW 2018 H NSW - Monthly Progress Payments + Force Majeure Special Conditions
$220.00AUD
- Locks in monthly billing instead of stage payments.
- Suspends affected obligations during natural disasters, pandemics, war, or government acts; lets either party walk away after sixty continuous days of delay.
ABIC SW 2018 H NSW, Monthly Payment Structures & Targeted Amendments
ABIC SW 2018 H NSW - Monthly Progress Payments + Supply Chain + Force Majeure Special Conditions
$320.00AUD
- Locks in monthly billing instead of stage payments.
- Suspends affected obligations during natural disasters, pandemics, war, or government acts; lets either party walk away after sixty continuous days of delay.
- Caps exposure to global cost shocks: only international-supply-dependent overruns above ten percent qualify, claimed on an open-book basis within twenty business days.