Webinar Findings: Force Majeure Not The Answer?

Revisiting Force Majeure in the 2026 Middle East Context

Earlier this month we collaborated with colleagues from Freeths LLC on a webinar to discuss the impact of the ongoing Middle East conflicts on international engineering and construction projects.

While much of the debate focused on force majeure to address the time impact of war action on projects, one of the most important conclusions was that force majeure is often not the solution that parties are looking for. Why? Because it rarely addresses the significant additional costs many projects are now experiencing.

Employers and contractors may approach the issue from different perspectives, but they share a common objective: a successfully completed project. The employer needs an operational asset. The contractor needs a sustainable route to deliver it. Neither party benefits from sticking rigidly to positions that threaten completion.

The real challenge is finding solutions that keep projects commercially viable and moving towards completion.

That is why the discussion quickly moved beyond force majeure to alternatives such as other contractual entitlements, commercial renegotiation and mediation or hardship and rebus sic stantibus doctrines in civil code jurisdictions.

Perhaps the answer lies not in force majeure itself, but in finding a solution both parties can say “yes” to!

You can view the recording of the session here https://youtu.be/GbD005VEdMw

Are your teams equipped to navigate today’s commercial and contractual challenges?

At Kingsfield Academy, we help professionals develop the commercial, contractual and negotiation skills needed to navigate exactly these types of challenges and find solutions that keep projects moving.

If you want to discuss the webinar’s findings or our training offerings, please feel free to contact us.

Carmen Velasco – Managing Partner, Kingsfield Academy, carmen.velasco@kingsfieldacademy.com