Frustration in construction contracts
Frustration occurs when circumstances that are not the fault of either party to a contract mean it is impossible to continue with the contract. As a result, the contract comes to an end without either party being considered to be in breach. However, the parties must be certain that a frustration event has occurred so as not to be in breach of contract.
Frustration is a common legal principle, but it is applied as narrowly as possible by the courts - it does not cover contracts that were always going to be impossible to perform. For example, it would not apply in the case of a contract to construct a tall building that could not be fulfilled because the ground conditions were completely unsuitable.
Identifying the contractual obligations of the parties at the date of the contract is key to being able to establish the conditions for frustration.
Some events that may lead to a frustrated contract include:
- The government imposing unforeseen restrictions on building.
- Laws being passed that make it illegal to undertake what was promised under the contract
- The building where works were to be carried out being destroyed.
- An event that was crucial for the contractual obligations being cancelled.
Sometimes a party may try to claim a contract is frustrated when they are obligated to make payments in a different currencies which then fluctuates. However, this does not necessarily amount to frustration.
Events that do not alter the obligations but instead delay performance, such as a workforce strike, don’t necessarily amount to frustration. However, it might do should the events have a particularly serious effect on the obligations or if the delay is particularly long.
Force majeure provisions might provide for circumstances that could otherwise be considered frustration events, and so result in termination of the contract. However, generally, force majeure (for example, exceptionally adverse weather conditions) is considered a relevant event which construction contracts allow for by an extension of time rather than termination.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Great British Energy install solar on school and NHS sites
200 schools and 200 NHS sites to get solar systems, as first project of the newly formed government initiative.
600 million for 60,000 more skilled construction workers
Announced by Treasury ahead of the Spring Statement.
The restoration of the novelist’s birthplace in Eastwood.
Life Critical Fire Safety External Wall System LCFS EWS
Breaking down what is meant by this now often used term.
PAC report on the Remediation of Dangerous Cladding
Recommendations on workforce, transparency, support, insurance, funding, fraud and mismanagement.
New towns, expanded settlements and housing delivery
Modular inquiry asks if new towns and expanded settlements are an effective means of delivering housing.
Building Engineering Business Survey Q1 2025
Survey shows growth remains flat as skill shortages and volatile pricing persist.
Construction contract awards remain buoyant
Infrastructure up but residential struggles.
Home builders call for suspension of Building Safety Levy
HBF with over 100 home builders write to the Chancellor.
CIOB Apprentice of the Year 2024/2025
CIOB names James Monk a quantity surveyor from Cambridge as the winner.
Warm Homes Plan and existing energy bill support policies
Breaking down what existing policies are and what they do.
Treasury responds to sector submission on Warm Homes
Trade associations call on Government to make good on manifesto pledge for the upgrading of 5 million homes.
A tour through Robotic Installation Systems for Elevators, Innovation Labs, MetaCore and PORT tech.
A dynamic brand built for impact stitched into BSRIA’s building fabric.
BS 9991:2024 and the recently published CLC advisory note
Fire safety in the design, management and use of residential buildings. Code of practice.