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 list of key resources covering construction-related tasks for a first-year associate, see First Year Associate Resource Kit: Construction. For a discussion of issues and tasks commonly encountered by in-house lawyers and counsel working on construction-related matters, see In-House Construction Resource Kit. 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 information on the construction process, see Construction Resource Kit. For additional construction resources, including form contracts and drafting guidance, see Construction Contract, Owner and Contractor Agreement Resource Kit.