ABSTRACT

The builder’s performance of the shipbuilding contract may be prevented or impeded by a variety of circumstances occurring without fault on his part. In addition to the potential impact upon the construction programme of the buyer’s own breaches of contract,1 the builder faces the prospect that a significant range of events outside his control may render the contract incapable of completion, either on time or at all. Although the doctrine of frustration may excuse the builder from performance of his obligations where these have been radically affected by supervening events, English law will not normally protect him if he is simply late in delivering the vessel as the result of events occurring beyond his control.