Force majeure is not a blanket excuse
Why — act while you have leverage
A broadly drafted force majeure clause can cover ordinary supply problems and ordinary rain, which in Kerala is most of the year.
What to look at
- Whether ordinary monsoon is excluded from the definition
- A notice requirement with a deadline
- Time extended, not the obligation cancelled
How to check it yourself
Read what the clause treats as beyond the contractor's control. Normal monsoon is foreseeable in Kerala and should not stop the clock; an exceptional flood event reasonably would. The clause should require prompt written notice, and should extend time rather than excuse the obligation permanently.
Where this comes from: Kolo review of Kerala construction quotations and agreements (established trade practice)
More construction agreement checks before you sign
- Agreement check passed
- Contractor background verified
- Site handover checklist agreed
- Worker-welfare rules applicability checked
- GST treatment understood before signing
- The payment schedule keeps money back until the end
- The agreement does not contradict itself
- GST is stated, and you know who pays it
- You know who you are contracting with
- Price escalation has a limit you can calculate
- Foundation extras cannot be open-ended
- Curing is the contractor's job, in writing
- The arbitrator is not chosen by the contractor alone
- There is a warranty, and it has a length
- Worker safety stays with the contractor
- Signing for a stage does not sign away everything after it
- There is a way to settle a dispute short of court
- Cancellation terms are not written by one side
- Nobody else builds your house without you knowing
- No blank spaces, no missing dates
- Money goes to the company, not to a person
- You can ask where the money went
- Delay has a consequence for both sides
- The quotation is attached to the agreement
The whole stage: Construction agreement checks before you sign