Inside the Contract | S2E08 | Force Majeure vs. Commercial Risk

Not every disruption is force majeure, and confusing exceptional events with ordinary commercial risk can destroy a claim. In this episode, I unpack the boundary between FIDIC Clause 18 exceptional events and the risks parties are expected to price, manage, and mitigate for themselves. We cover COVID, geopolitical shocks, inflation, supply chain pain, gray-zone events, and why notice and causation still decide the outcome. In this episode, you will learn: • how FIDIC 2017 reframes force majeure as Exceptional Events • what separates exceptional risk from commercial risk • why COVID changed the way parties argue foreseeability • how gray-zone disruptions should be analyzed • why notice, records, and mitigation remain decisive This episode is for education and professional insight only. Always check your Particular Conditions, project facts, and governing law. Hashtags: #InsideTheContract #ForceMajeure #CommercialRisk