Value-risk analysis: the inclusion of a force majeure provision protects both parties by allowing an excused, deferred or suspended performance, or even termination of the contract, when their performance is prevented by certain types of catastrophic events that are beyond the control of the parties. Force majeure provisions are considered to be inclusive building blocks in commercial contracts. Coverage of epidemics, pandemics and quarantine is not protected. Parties who do not include in their contract a force majeure provision may constitute an offence under the agreement for reasons not under their control. With regard to the explicit exclusion of the covid 19 pandemic from the scope of force majeure, the value is that the parties are able to reach an agreement during the pandemic crisis, provided that the current crisis is already taken into account in the risks incurred by the parties and is not grounds for excuse. On the other hand, the Covid 19 pandemic may be explicitly excluded, i.e. the parties will not be able to increase the force majeure if the pandemic changes radically or deteriorates sharply. Suspending a contractor or supplier means suspending the party`s participation in the tendering process or signing an agreement for a specified period of time because of an infringement or other offence. Your contract may have a force majeure clause that may be effective in the circumstances. It is worth careful consideration whether a force majeure event (as defined in the treaty) has actually occurred. However, the existence of a case of force majeure should not grant the full right of suspension, since the existence of a case of force majeure is generally only relieved of obligations that are affected by force majeure. As with suspension rights, force majeure can have time and cost consequences.
In the event of a suspension of the contract, any party may suspend a contract for certain reasons set out in the terms and conditions of an agreement. In the absence of a force majeure clause, a party may be allowed to suspend the performance or terminate the contract on the basis of the doctrines of frustration, impossibility or impossibility. In most legal systems, the invocation of these doctrines may result either from a delay of service or from a complete termination, depending on the circumstances of the interruption of service. Contractors can postpone a project that is imminent or has already begun. This article examines the issues to be considered when considering suspending a contract from the client`s point of view and how a contract suspension can be carried out where there is no explicit right to suspend work for convenience.