Manavasi RameshPM II| Powergrid Corporation of IndiaMumbai, Maharastra. India, India
In the complex landscape of infrastructure projects, delays due to right-of-way problems can be a significant hurdle. The question that arises is: Can we classify these issues as force majeure conditions? Saving Changes...
Force majeure clauses are usually there to cover unforeseeable conditions or those outside the control of the parties involved. Assuming your reference is with regards to not getting access to be able to complete activities within the scope of the infrastructure project, this seems more like a known risk which could be addressed by other terms and conditions in a contract (e.g. the client shall ensure that right-of-way access is provided to complete XYZ).
Of course, the specific coverage for force majeure in procurement law varies by jurisdiction.
Senior Projects Manager | Field & Marten AssociatesNew Westminster, British Columbia, Canada
Manavasi Ramesh: In principal, I do agree with Kiron's feedback. Those are no force majeure conditions as most of the ROW requirements are identified during the outset of the project when we apply for Building Permits or serivices like Ga and Hydro so those shouldn't come as a surprise. We deal with all sorts of ROW requirements on our projects.
Kiron Bondale: ROWs are not exactly always related to site access from the contractors side and could be related to formal agreements that are required with the municipalities, with services providers like Hydro and Gas to service and maintain the site in the future. Even if a ROW was delayed to be executed, it shouldn't have such an adverse effect on the project. Saving Changes...
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