In the event of force majeure, some losses also need to be compensated
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For example, when a ship transports a batch of goods from one seaport to another, the captain sails without listening to the broadcast weather forecast before going to sea, resulting in damage to the goods in a storm
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Article 804 If the construction of the project is suspended or delayed due to the reasons of the employer, the employer shall take measures to make up for or reduce the losses, and compensate the contractor for the losses and actual expenses caused by work stoppage, slowdown, reshipment, relocation of mechanical equipment, overstock of materials and components, etc
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Then, how to compensate for force majeure in construction? Next, Huazheng Yinghao legal consulting firm will introduce the relevant contents for you in detail, hoping to be helpful to you
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The parties to the contract must not foresee the occurrence of force majeure at all
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More legal knowledge related to construction engineering will continue to be updated for you
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Force majeure factor 3: force majeure, which is the last feature of force majeure
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Force majeure is an objective situation that cannot be foreseen, avoided and overcome
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Article 803 If the employer fails to provide raw materials, equipment, site, funds and technical data according to the agreed time and requirements, the contractor may postpone the project date, and has the right to claim compensation for losses such as shutdown and slowdown
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It means that the parties cannot overcome the consequences of the event, that is, there is no way to prevent it
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Force majeure factor 2: Inevitability even if an unforeseen disaster occurs, if the consequences are avoidable, it does not constitute force majeure
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It is characterized by force majeure only if no measures can be taken to avoid it
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Because the captain, as a maritime transport, should know the weather forecast of the day before going to sea, and the weather forecast has predicted the storm
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junction The above is the relevant contents of “how to compensate for force majeure during construction” sorted out by Huazheng Yinghao legal consulting firm for you
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If it can be foreseen or should be foreseen, it does not constitute force majeure
We can know that the costs caused by force majeure shall be borne by the employer and the contractor respectively according to the corresponding principles, and the project price shall be adjusted
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Where there are other provisions of the law, such provisions shall prevail
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Please pay attention to Huazheng Yinghao legal consulting firm.
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This is force majeure
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The storm is not force majeure for the captain
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The captain can predict it, but due to negligence, he should bear the responsibility for cargo damage
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01 how to compensate for the expenses caused by force majeure during construction, the employer and the Contractor shall bear and adjust the project price respectively according to the following principles（ 1) The employer shall be responsible for the damage of the project itself, the casualties and property losses of the third party caused by the project damage, as well as the damage to the materials transported to the construction site for construction and the equipment to be installed（ 2) The employer and the Contractor shall be responsible for the casualties and bear the corresponding expenses（ 3) The loss of the Contractor’s construction machinery and equipment and shutdown loss shall be borne by the contractor（ 4) During the shutdown period, the Contractor shall bear the expenses of necessary management personnel and security personnel on the construction site at the request of the employer（ 5) The expenses for cleaning and repairing the project shall be borne by the employer《 Article 180 of the civil code of the people’s Republic of China 【 [force majeure] those who cannot perform their civil obligations due to force majeure shall not bear civil liability
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How to compensate for force majeure during construction In other words, according to the law, force majeure refers to the objective situation that cannot be foreseen, avoided and overcome when the contract is concluded
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Government or social behavior, such as the change of policy, the alternation of state power, etc
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For example, if a ship encounters a storm at sea, there is a safe haven nearby, but if it does not go in, it shall also be responsible for the damage to the goods
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02 what are the main factors of force majeure? One of the factors of Force Majeure: unpredictability
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