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In which situation would a force majeure provision be invoked?

  1. For budget overruns

  2. During unforeseen events like natural disasters

  3. Based on contractor delays

  4. For changes in project design

The correct answer is: During unforeseen events like natural disasters

A force majeure provision is specifically designed to address situations where unforeseen events occur that prevent a party from fulfilling their contractual obligations. This can include natural disasters such as hurricanes, floods, earthquakes, or other significant and unexpected occurrences outside the control of the parties involved. The primary function of a force majeure clause is to provide relief from liability for delays or non-performance due to these extraordinary circumstances. In contrast, other options such as budget overruns, contractor delays, and changes in project design typically relate to issues that can be anticipated or planned for, and do not fall under the category of force majeure. These issues usually stem from poor planning, mismanagement, or changes in project scope, which are generally considered the responsibilities of the contractors or parties involved. Therefore, invoking a force majeure provision would only be appropriate in situations where an unavoidable external event significantly affects the execution of the contract.