Force Majeure Clause
(Construction Contract)

Summary

This force majeure clause can be included a construction contract to address events that are beyond the parties' control and may cause project delays and/or contract defaults. This clause includes practical guidance and a drafting note. A force majeure clause addresses events that are beyond the control of the parties, such as natural disaster, and defines the parties' obligations during such events. A well-drafted force majeure clause in a construction contract can minimize or avoid the delay and disputes caused by a significant unexpected occurrence. Capitalized terms used in this clause should be conformed to those used in the relevant contract. For a detailed discussion of drafting and negotiating a force majeure clause see Force Majeure Clauses in Construction Contracts. For a clause that addresses cost escalation following a force majeure event see Cost Escalation Following Force Majeure Event Clause (Fixed-Price Construction Contract). For additional construction resources, including form contracts and drafting guidance, see Construction Contract, Owner and Contractor Agreement Resource Kit and Construction Resource Kit.