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Navigating Common Threads under the Doctrine of Force Majeure and the COVID-19 (Temporary Measures) Act 2020 – Impact on the Construction Industry

Chua Weilin & Ng Guo Xi

[2020] SAL Prac 15

The outbreak of COVID-19 and its impact on Singapore’s construction industry cannot be understated. Contractors facing difficulty in performing their contractual obligations during this difficult period will likely want to seek a way to escape the consequences of non-performance of their contractual obligations. In this article, the authors explore contractual relief in the form of force majeure clauses and statutory relief in the form of the new COVID-19 (Temporary Measures) Act 2020 (Act 14 of 2020) in Singapore. The authors also attempt to navigate the common threads between force majeure clauses and the new legislation: (a) the extent of the inability to perform; (b) causation and remoteness; and (c) consequences for the construction industry.