Force Majeure Special Conditions

Special conditions for the ABIC contracts introduce the concept of Force Majeure. These special conditions were updated and reissued in April 2026, with two versions available. The short form version is generally suited to projects where a concise and easily administered approach is preferred. The comprehensive version is suitable for projects involving greater complexity or where a more prescriptive regime is required.

Moray & Agnew has developed the following special conditions for ABIC contracts on behalf of the ACA. In their unamended forms, these contracts have no provisions addressing risk for a Force Majeure Event.

The Force Majeure Special Conditions were originally prepared in early 2020, at the beginning of the pandemic to address potential impacts on building sites. The purpose of these Special Conditions is now limited to traditional force majeure events, such as floods, earthquakes and hurricanes that effectively make work “largely or wholly” impossible.

These Force Majeure Special Conditions are intended for use with the following ABIC contract forms:

• the non-residential ABIC forms, being ABIC SW 2018 and ABIC MW 2018; and
• the jurisdiction-specific residential forms of those contracts, including ABIC SW 2018 H and ABIC MW 2018 H (as issued for each Australian State and Territory).

Choosing the appropriate version

The short form version is generally suited to projects of a simple or domestic nature, where a concise and easily administered approach is preferred.

The comprehensive version is suitable for projects requiring more detailed procedural control or risk allocation, involving greater complexity or where a more prescriptive regime is required.

Using the special conditions

• include them in your tender package so that tenderers can see how the contract is being amended;
• complete item 3 in Schedule 1 to indicate that special conditions apply; and
• insert these Special Conditions into Schedule 2a of the execution copies of the ABIC contract.

Notes

These Special Conditions are designed to be incorporated into Schedule 2a of ABIC contracts.  They may not be used with any other form of contract.

Architects may wish to reformat the contract terms by changing logos, fonts, and so on. However, it is important that they retain the clause numbering and indent structure in the contract terms.

Member-only resources

ACA members can download both versions of the special conditions when logged in (see below). If you are not a member, find out more about the benefits of ACA membership or apply to join here.

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