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 8415 and NS 8417 differ from the rules of NS 8416.
In contractual relations governed by NS 8415 or NS 8417, the consequences of non-compliance with the notification rules will normally be that claims or objections to claims are lost. As a starting point, this is not the case in NS 8416.
Another difference between NS 8415 and NS 8417 on the one hand and NS 8416 on the other, is that the former have far more provisions on this subject and they are placed in separate chapter. In NS 8415 we find them in Chapter IV and in NS 8417 in Chapter VII. In NS 8416, there are points 19, 20, 21 and 22 which are the central ones.
2. Overview of the rules
Below we have created a matrix with a rule mirror so that one gets a good overview of those rules that are related to changes and failures in the builder's performance (or complicity).
As otherwise, we start from NS 8417 because it is probably this standard contract that is used most often.
Under the individual main provisions, there are several sub-provisions. In NS 8417, paragraph 33 “Deadline extension” There are, for example, 8 sub-provisions. We therefore do not include the sub-determinations of the matrix below, but return to these in more detail 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 majeur occurs when something happens outside of the parties “controls, such as extraordinary weather conditions, public injunctions or prohibitions, strikes, lockouts, and collective bargaining provisions”, see NS 8417 paragraph 33.3.
Similar provisions can be found in NS 8415 paragraph 24.3 and NS 8416 paragraph 20.
We have not written about force majeur elsewhere because it is very rare for such situations to 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 then one must probably also say that a force majeur situation occurred in several places.
However, it is not enough to show extreme weather. The weather must also have caused an actual delay to the contractor's work.
Strikes that result from the breakdown of wage settlements at the tariff level are covered by the provision on force majeur, but not strikes that occur only in the individual company. A company's salary negotiations with its own employees are not “outside relationships” Contractor's “control”.
Note that the consequence of the existence of force majeur is no other than the postponement of the obligation of the parties to continue their work. Therefore, you are not entitled to anything other than an extension of the deadline.
Any additional costs incurred by each party as a result of force majeur events must be paid by each party itself.
