Force Majeure – taking all necessary steps to recover the delay
The
progress of a shipbuilding project may be affected by events that could delay
the contractual delivery date. Such delays are often classified as Permissible
or Non Permissible delays. Permissible Delays
are those caused by Force Majeure or other Events that would entitle the
Shipyard to an extension of time for delivery of the vessel.
Some
force majeure clauses require Shipyard “to take all necessary steps to recover
the delay” but are silent on details and costs implications. Does it mean that the Shipyard must take
acceleration measures to recover the delay at its own expense?
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