[Direct answer]First, define the responsibilities and then allocate them. According to Article 590 of the Civil Code of the People's Republic of China, if a party is unable to perform the contract due to force majeure, it may be partially or entirely exempted from liability according to the impact of the force majeure, but it shall notify the other party in time to mitigate the losses and provide proof within a reasonable period; according to Article 180, force majeure refers to an objective situation that cannot be foreseen, avoided, or overcome. The allocation of losses usually follows the principle of "who owns it, who is responsible; who employs it, who is responsible": the damage to the project itself, the losses caused by the damage to the project to third parties, and the damage to the materials and equipment waiting to be installed at the site are usually borne by the employer; the damage to the contractor's construction machinery and equipment and the losses caused by the suspension of work are borne by the contractor; and the wages of the workers that must be paid during the suspension of work are borne by the employer. This allocation rule is commonly found in industry model texts for construction contracts, and the specific provisions shall be subject to the contract agreement.

1. Problem background and typical scenarios

When faced with force majeure such as heavy rain, floods, epidemic control measures, and policy-induced work stoppages, construction sites are forced to shut down: project delays, damaged materials, idle machinery, and workers waiting for work—who should bear the losses of hundreds of thousands or even millions of yuan? In construction disputes in the Beijing area, employers and contractors often deadlock over who should bear the losses of work stoppages. Clarifying the nature of force majeure, the obligation to notify, and the rules for sharing losses is a prerequisite for claiming compensation.

II. Key points of contention

First, whether the event constitutes force majeure. Second, the obligation to notify and provide proof. Third, the rules for sharing various types of losses. Fourth, whether the construction period can be extended.

III. Professional analysis by Henglue Law Firm

The first layer is qualitative: Force majeure must simultaneously meet the three conditions of unforeseeability, unavoidability, and insurmountability. Ordinary bad weather and routine policy adjustments may not constitute force majeure. The claimant needs to provide evidence of the nature and impact of the event. The second layer is the obligation to notify: The party affected by force majeure should promptly notify the other party to mitigate losses and provide proof within a reasonable timeframe. If the notification is not timely and results in the expansion of losses, the expanded portion may not be claimed. The third layer is the sharing rules: Damage to the project itself, personal injuries and property losses to third parties caused by project damage, and damage to materials and equipment delivered to the site are usually borne by the employer. Damage to the contractor's construction machinery and equipment and losses during the shutdown are borne by the contractor. The employer is responsible for paying the workers' wages during the shutdown, and both parties are responsible for their own personal injuries and deaths. The fourth layer is the construction period and claims: If the construction period is affected by force majeure, the construction period shall be extended accordingly, and the contractor shall not bear the responsibility for late completion. The contractor shall submit a claim intention and report within the timeframe specified in the contract. Failure to do so may result in the loss of the right to claim, so evidence and time management are crucial. Related disputes can be resolved throughProperty transactions and construction projectsOverall service processing.

IV. Practical suggestions and legal basis

The first step is to notify the other party in writing as soon as possible, explaining the circumstances and impacts of the force majeure. The second step is to provide evidence within a reasonable timeframe, such as meteorological reports, government announcements, control documents, and on-site records. The third step is to calculate the losses borne by the employer and those borne by the contractor according to the sharing rules. The fourth step is to submit applications for schedule extension and cost claims within the contractually agreed timeframe to avoid losing rights due to exceeding the deadline. The fifth step is to retain proof of personnel, machinery, materials, and expenses during the suspension of work to provide evidence for claims and potential litigation. Main legal basis: Articles 180 and 590 of the Civil Code of the People's Republic of China regarding force majeure and exemption from liability; Article 563 regarding statutory termination; the General Contract Terms of the Construction Project Contract (Model Text) regarding the allocation of responsibilities after force majeure; specific applications shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

Three key points regarding force majeure-induced work stoppages: First, determine whether the event truly constitutes force majeure, as all three elements must be present; Second, promptly notify and provide proof, as failure to notify may result in increased losses; Third, follow fair principles in apportioning responsibilities: damages to the project and uninstalled materials shall primarily be borne by the employer; the contractor shall bear the costs of machinery and work stoppage losses; and the employer shall pay the workers' wages. Disputes involving real estate transactions and construction projects can be resolved through legal channels.Real estate transactions and construction projectsWe provide a comprehensive solution for services, which can be integrated with the commercial contracts of enterprises.Business and contract disputes in enterprisesFor reference, please refer to the section on creditor recovery and enforcementCreditor's rights and debts, and enforcementFor any questions regarding difficult situations, you can consult the column for assistanceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Is force majeure always a ground for exemption from liability?

Not necessarily. The partial or full exemption from liability should be determined based on the impact of the force majeure, and the party concerned should notify the other party and provide evidence in a timely manner. Otherwise, it will be difficult to exempt oneself from liability for the expanded losses.

Q2: How are the losses from the work stoppage divided?

Generally, the employer shall bear the responsibility for the damage to the project itself, the damage to third parties, and the damage to the materials and equipment to be installed; the contractor shall bear the responsibility for the damage to his own machinery and the losses caused by the suspension of work; and the employer shall bear the responsibility for the payment of workers' wages during the suspension of work.

Q3: Can the construction period be extended?

Yes. If the construction period is affected by force majeure, the construction period shall be extended accordingly, and the contractor shall not bear the corresponding liability for breach of contract due to the delay.

Q4: Is there a time limit for making a claim?

Yes. The claimant should submit the claim intention and report within the time limit specified in the contract. Failure to do so may result in the loss of the right to claim. It is essential to handle the claim within the agreed time limit and keep a record of the process.

Q5: What evidence do I need to prepare?

Force majeure certificates (meteorological conditions, government announcements, regulatory documents), notification records, on-site images, proof of personnel, machinery, and material expenses, and project schedule logs.

The above questions and answers are mainly based on judicial practices in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in time.