Construction Contracts Force Majeure In Franklin
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5. Consequences of Non-Performance: The clause specifies the legal and financial consequences if the contract cannot be performed due to a force majeure event. This can include relief from liability for non-performance and the right to terminate the contract.
A "force majeure" clause (French for "superior force") is a contract provision that relieves the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.
In the construction industry, force majeure is a term used to describe insurmountable problems that can affect the completion of your project and the terms of the contract. Another way you may have heard of this is “Acts of God” or “Natural Disasters” when it comes to different types of insurance.
Commonly referred to as “acts of God”, force majeure events are unforeseeable, exceptional or out with the control of contracting parties. Examples include natural disaster, terrorism, industrial strike action, fire and pandemic/epidemic events such as Covid-19.
Exhaustive, of examples of force majeure events. Force majeure events generally can be divided into two basic groups: natural events and political events. These may include earthquakes, floods, fire, plague, Acts of God (as defined in the contract or in applicable law) and other natural disasters.
In Clause 19 of the FIDIC 1999 Red2, Yellow3 and Silver4 Books, the term "Force Majeure" is principally identified as being an "exceptional" event or circumstance, beyond the Party's control, and something that it could not have reasonably provided against before entering into the Contract.
Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event.
The party affected by force majeure is usually obligated to provide prompt written notice to the counterparty of the occurrence of the force majeure event (in reasonable detail) and the expected duration of the event's effect on the party.
