Force Majeure in Construction: When Is a Delay Beyond the Contractor’s Control?

Practical Guidance on Construction Disputes

Few words appear more frequently in construction-delay discussions than: “Force majeure.” A project is delayed because of a typhoon. Materials suddenly become unavailable. A government order affects the project. A major external event disrupts construction. The contractor then attributes it…

One of the most common stories I hear from homeowners begins with the same sentence. “Attorney, fully paid na kami—pero di pa gawa ang bahay.” Sometimes the contractor has stopped reporting to the project. Sometimes construction has slowed to a…

Many construction disputes do not begin because someone acted dishonestly. They begin because two people believed they were talking about the same thing when, in reality, they were not. An owner assumes a particular finish is included. A contractor assumes…

For many Filipinos, building a home is the realization of a lifelong dream. Some save for years to build a retirement home. Others return after working overseas to finally construct the family home they have always imagined. Some build a…

Ask experienced contractors where most of their projects come from, and many will probably give a similar answer. Not advertisements. Not social media. Not even competitive bidding. Many will simply say: “Referral.” That single word says a great deal about…

If you’ve been in the construction industry long enough, you’ve probably experienced this before. You spend days—or even weeks—preparing your proposal. You visit the project site. You coordinate with suppliers and subcontractors. You carefully estimate labor, materials, equipment, overhead, and…

Recently, I was speaking with a friend who operates a build-and-sell business in Baguio. He had completed and sold a residential property with a good level of workmanship and finish. A few months after turnover, however, some minor issues began…

When contractors review a construction contract, one provision often receives little attention during the excitement of securing the project: the liquidated damages clause. At that stage, most parties are focused on mobilization, schedules, manpower, and getting work started. Liquidated damages…

Winning a construction project is often an exciting moment for any contractor. After weeks or months of bidding, negotiations, and discussions, the focus naturally shifts toward mobilization and getting the work started. At that stage, many contractors focus primarily on:…

Many contractors first hear about CIAC arbitration only after a construction dispute has already become serious. At that stage, the situation often already involves: Because of this, CIAC arbitration sometimes immediately sounds intimidating or highly technical. “Parang malaking legal battle…
If you are dealing with payment issues, delays, or a potential construction claim, it is usually better to assess the situation early before positions become harder to fix.
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