Can Force Majeure Really Protect Subcontractors from Material Price Surges?
From The Subcontractors Blueprint by Jacob Austin
May 25, 2026 · 23 min
About this episode
This episode discusses the misconceptions surrounding force majeure clauses in construction contracts and their implications for subcontractors facing material price surges.
Episode 144 of The Subcontractors Blueprint tackles one of the most misunderstood clauses in construction contracts. Jacob Austin, Quantity Surveyor and host, cuts through the widespread assumption that force majeure offers subcontractors a route to recover soaring material costs — and explains why, in most cases, it does not. Drawing on real contract language across JCT and NEC frameworks, Jacob sets out exactly what force majeure does and does not provide under English law, what the courts have confirmed, and why the risk of volatile markets sits squarely with subcontractors on most domestic subcontracts. His core message is clear: understand what you are signing before you sign it, because once you have, the contract will be applied exactly as written. KEY TAKEAWAYS - Force majeure does not exist by default under English law — if your subcontract does not include an express clause, there is nothing to call on - JCT subcontracts treat force majeure as a time-only remedy in most cases — a cost increase, however severe, does not automatically change that - NEC contracts can give you both time and cost, but the notification rules are strict and missing the deadline means losing…
People in this episode
Host: Jacob Austin
Topics covered
- force majeure
- subcontractors
- construction contracts
- material price surges
- English law
- contract language
Keywords
- force majeure
- subcontractors
- material costs
- JCT
- NEC
- English law
- contractual obligations
Mentioned in this episode
Organizations: JCT, NEC
Places: England
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