Force Majeure and Delay: A Causation Problem Disguised as Law

This article explores how force majeure claims in construction disputes are often misunderstood as purely legal issues, when in reality they are fundamentally questions of causation. It argues that simply proving the existence of a force majeure event — such as war, COVID-19 disruptions, or supply chain failures — is not enough to justify an extension of time. The critical issue is whether the event actually impacted the project’s critical path and delayed completion. Through practical examples and arbitration insights, the article highlights the importance of contemporaneous delay analysis, robust project records, and evidence-based assessments. It concludes that successful delay claims depend not on labels, but on proving a clear causal link between the disruptive event and project delay.