Are there means in the MMCD contract to deal with Force Majeure?

Question

Accepted Answer

QUESTION

I find no reference to deal with situations of Force Majeure in the MMCD. The recent explosion of the Enbridge pipeline has created a situation where asphalt suppliers were issued a statement of Force Majeure by Fortis BC. We have no mechanism to deal with this under our MMCD contracts. Are there other means to deal with this in the MMCD contract?

COMMENT

There is no "Force Majeure" as such within the standard GCs. In addition there is also no clause in the Supplemental GCs to cover this event. The only clause that might be relevant to paying more for materials (you would have to evaluate given the specific facts) is 13.4.1. But that is a very tough bar to exceed.

Are there means in the MMCD contract to deal with Force Majeure?

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