Vis major
Vis major or vis majeure, is almost synonymous with force majeure, though the former refers to an act of God from the Latin the latter translates from French a superior force.
Blacks Law Dictionary (11th Edition) refers to vis major as an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. where as force majeure’ is an event or effect that can be neither anticipated nor controlled . . . [that] includes both acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars).
Clauses referring to force majeure are more common than those incorporating vis major but both attempt to set out the circumstances to which the term applies to and prescribe how such situations should be treated. Depending on the provisions of the contract, the following may be considered to constitute vis major :
- Exceptionally adverse weather, Natural Fires.
- Natural catastrophes such as earthquakes, floods and volcanoes.
- Epidemics or pandemics.
the following other events may be considered to constitute force majeure aswell as the above:
- Unforeseen changes to legislation.
- Wars and other hostilities (such as terrorism).
- Fires.
- Civil unrest, such as riots or revolution.
- Strikes (other than by the contractor or subcontractors).
In different contracts, force majeure or indeed vis major may be considered a relevant event, that may allow the contractor to claim an extension of time if, prevented or impeded from performing their obligations under the contract. Although, if the contractor has continued to perform their duties, despite the occurrence, they may not be able to make a claim.
As such vis major maybe considered as a sub event to that of force majeure because the later encompasses a wider breadth of event types. See also the article force majeure.
[edit] Related articles on Designing Buildings
Featured articles and news
HBPT and BEAMS Jubilees. Book review.
Does the first Labour budget deliver for the built environment?
What does the UK Budget mean for electrical contractors?
Mixed response as business pays, are there silver linings?
A brownfield housing boost for Liverpool
A 56 million investment from Homes England now approved.
Fostering a future-ready workforce through collaboration
Collaborative Futures: Competence, Capability and Capacity, published and available for download.
Considerate Constructors Scheme acquires Building A Safer Future
Acquisition defines a new era for safety in construction.
AT Awards evening 2024; the winners and finalists
Recognising professionals with outstanding achievements.
Reactions to the Autumn Budget announcement
And key elements of the quoted budget to rebuild Britain.
Chancellor of the Exchequer delivers Budget
Repairing, fixing, rebuilding, protecting and strengthening.
Expectation management in building design
Interest, management, occupant satisfaction and the performance gap.
Connecting conservation research and practice with IHBC
State of the art heritage research & practice and guidance.
Innovative Silica Safety Toolkit
Receives funding boost in memory of construction visionary.
Gentle density and the current context of planning changes
How should designers deliver it now as it appears in NPPF.
Sustainable Futures. Redefining Retrofit for Net Zero Living
More speakers confirmed for BSRIA Briefing 2024.
Making the most of urban land: Brownfield Passports
Policy paper in brief with industry responses welcomed.
The boundaries and networks of the Magonsæte.