Document background
The Hardship Waiver is a strategic legal instrument used in Qatar-governed contracts where parties wish to create certainty in their contractual relationships by explicitly waiving rights related to hardship claims. Under Articles 171-172 of the Qatar Civil Code, parties have statutory rights to seek judicial intervention when unforeseen circumstances make contract performance excessively onerous. However, in certain commercial contexts, particularly long-term contracts or high-value projects, parties may prefer to allocate risks definitively at the outset. The Hardship Waiver document facilitates this by providing a clear, enforceable mechanism for waiving these statutory rights, typically in exchange for other commercial benefits or pricing considerations. The document must be carefully drafted to ensure enforceability under Qatar law and should clearly demonstrate that parties understand the rights being waived and are acting with full knowledge and free consent.
