Drafting Advice: Avoiding Disastrous Force Majeure Clauses

Summary

As if on autopilot, attorneys sometimes tack onto their contracts generic force majeure clauses just because everybody else does it without bothering to tailor the clause to the particular transaction. Force majeure clauses are among the most misused provisions in the contract drafting milieu, and a botched force majeure clause can expose clients to enormous risk. It doesn’t need to happen. Entire books are written on this subject, but this short article raises a few of the most troublesome issues as food for thought. Remember to consult the law of the pertinent jurisdiction because there are variations from state-to-state.