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A hotel project was delayed by 60 days. The contractor argued that 30 of those days were "heavy rain" (force majeure), while the owner argued all rain is foreseeable in Central Vietnam.

The appellate court denied the claim. Why? While the rock was "unavoidable" once found, it was not unforeseeable . The court noted that the contract explicitly required the contractor to conduct a geotechnical survey before bidding. The contractor failed to do so.

Subjectivity is dangerous. To win a weather claim, you need objective meteorological data showing an extreme, abnormal event—not just a rainy Tuesday.