In the case of Force Majeure defined in FIDIC Conditions of Contract for Construction clause 19.1. Buildings Contractor gave notice of such Force Majeure (acts of war) that prevented from performing his obligations under the Contract. However the Employer believed that the Contractor has the duty to minimize the delay in the performance of the Contract as a result of the Force Majeure under clause 19.3 of the FIDIC by at least continuing all necessary office and engineering works during this Force Majeure period, specially that the buildings location is far from the war areas. The Employer added that clause 19.4 under FIDIC is applied when the Contractor is prevented from performing any of his obligations and lack of labors (majority of foreign labors who escaped to their own countries due to the war consequences) to proceed at least with the internal buildings finishing works, does not fall within the Employers risk but is the Contractors responsibility.
How do you think the Engineer shall deal with such case?
How do you think the Engineer shall deal with such case?