Contractor Liability for Construction Delay Despite Claimed Force Majeure

A contractor, having failed to complete work on a construction site by the agreed deadline, was sued by the client for damages resulting from the delay, including rental costs for temporary premises. The contractor argued that the delay was due to unforeseen difficulties encountered during execution that were not specified in the contract, amounting to *force majeure*. The court rejected this argument, reasoning that delays arising from normal execution difficulties inherent to construction projects, even if unforeseen, do not constitute *force majeure* unless they are truly external, unforeseeable, and irresistible, and therefore the contractor remained liable for the contractual penalties and resulting damages.