1. Introduction
In particular, with regard to the provisions on amendments focusing on so-called irregular changes, notification requirements and not least the consequences of late notification, that NS 8405 and NS 8407 differ from the rules of NS 8406.
In contractual relations governed by NS 8405 or NS 8407, the consequence of non-compliance with the notification rules will be that claims or objections to claims are lost.
Such rules are not found in NS 8406.
NS 8405 and NS 8407 also have far more provisions for amendments and they are placed in separate chapters. In NS 8405 we find them in Chapter IV and in NS 8407 in Chapter VII.
NS 8406 is intended for simpler projects and lacks chapters.
There are several types of conditions that the builder has the risk of, and which may give the contractor the right to an adjustment of remuneration and/ or extension of the deadline.
2. Overview of the rules
The rules in question are set out in the matrix below.
The matrix contains only the parent provisions, and then there are several provisions belonging to each of these. As an example, it is mentioned that the provision of NS 8407 paragraph 33 “Deadline extension” contains eight sub-provisions. They are not included in the matrix, but are dealt with in the article “Deadline extension and extension”.
3. Themes for articles
Besides the article about “Extension and extension of the deadline” have we written articles about “Changes and Irregular Changes”, if “Remuneration adjustment” and if “Plunder and Heft”.
4. A little about force majeur
In all three standard contracts there is a separate provision for deadline extension in case of force majeur. Force exists when something occurs outside of the parties “controls, such as extraordinary weather conditions, public injunctions or prohibitions, strikes, lockouts, and collective bargaining provisions”, see NS 8407, paragraph 33.3.
Similar provisions can be found in NS 8405 paragraph 24.3 and NS 8406 paragraph 20.
We have not written about force majeur elsewhere because it is not often such situations occur.
When COVID hit Norway in mid-March 2020, a force majeur situation occurred for ongoing contracts.
In August 2023, large parts of Southern Norway were affected by the extreme weather “Hans” and in several places force majeur situations may have occurred as a result of this.
If a strike is triggered by the abandonment of negotiations between the parties to a key wage dispute at the tariff level, the force majeur provision may apply. On the other hand, a local strike in the individual company will not be sufficient for the application of the force majeur provision. A company's salary negotiations with its own employees are not “outside relationships” Contractor's “control”, but that will be the situation if strikes break out at the national level.
The consequence of force majeur will only be that the obligation of the parties to continue their work is put on hold. The contractor is entitled to an extension of the deadline, but not entitled to cover his additional expenses. Such additional costs, which may also be incurred by the builder, must be covered by each of the parties on their own.
In addition, it is mentioned that the developer is also entitled to an extension of the deadline by force majeur - to the extent that the builder has performance obligations towards the contractor.
