Traditional Culture Encyclopedia - Weather forecast - How to define the abnormal climatic conditions of Xinjiang engineering construction

How to define the abnormal climatic conditions of Xinjiang engineering construction

There are different agreements in this different field. Specifically, it should be included in the scope of "force majeure" in the contract terms. In fact, I think this problem is a headache often encountered in engineering construction contracts. This requires you to reach an agreement with the employer in advance in the contract, and now there are too many disputes arising from it.

I suggest you consider the following points:

Force majeure, clearly defined, refers to the unforeseeable, unavoidable and insurmountable objective situation. Including earthquakes, typhoons, floods, tsunamis and other natural phenomena, as well as social phenomena such as war, piracy, strikes and government actions. Bad weather is not a force majeure factor, but a foreseeable risk of experienced contractors, so this is generally not a claim. Of course, some bad weather conditions will lead to some natural disasters such as landslides, which generally belong to the risks that the owners should bear, and the construction unit can claim compensation. Therefore, in contract management, it is very important to distinguish the responsibilities and obligations of both parties and the scope of risks they should bear.

It is mainly necessary to stipulate the criteria for judging abnormal weather in detail in the contract. For example, outdoor construction is not allowed in winter in Xinjiang, and it can be clearly stipulated that the work will be stopped when the temperature is as low as a few degrees. It seldom rains for several days in Xinjiang, but unexpected factors cannot be ruled out. For example, floods often occur in southern Xinjiang.

Considering from several aspects, the more detailed, the better, otherwise it feels bad to be claimed.