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Construction Contract Force Majeure Clause Example In Massachusetts

Q: What is the force majeure clause in construction?

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.

Q: What is force majeure in construction contracts?

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.

Category:

Construction - Contractors

State:

Multi-State

Control #:

US-00462

Format:

Instant download

Description

The Construction contract force majeure clause example in Massachusetts provides a framework for addressing unforeseen events that may impede project completion. This clause allows contractors and owners to outline their responsibilities and the effects of force majeure events, ensuring clarity in challenging situations. Key features of the clause include defining what constitutes a force majeure event, the obligation to notify the other party, and the procedures for handling delays, such as extending deadlines or adjusting costs. To fill this form, parties must provide specific information about the project scope, work site, and any relevant permits. Legal professionals can adapt this clause to suit individual contracts, making it flexible for various scenarios. This form is particularly useful for attorneys, partners, and owners overseeing construction projects as it safeguards their interests and clarifies obligations during unpredictable circumstances. It assists paralegals and legal assistants by providing a template that streamlines contract preparation, ensuring compliance with local regulations and best practices.

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FAQ

A typical force majeure clause includes a statement that the occurrence of certain events or circumstances will excuse performance; a listing of the events or circumstances; and a listing of obligations imposed on the party claiming to be excused that typically relate to keeping the other party informed about the force ...

Sample Language 3 The Parties hereby acknowledge that while current events related to the current epidemic/pandemic are known, future impacts of the outbreak are unforeseeable and shall be considered a Force Majeure event to the extent that they prevent the performance of a Party's obligations under this Agreement.

Typically, the clause will define the specific events or circumstances that qualify as force majeure, providing a non-exhaustive list of examples. These examples often encompass natural disasters, acts of God, riots, embargoes, or any other events that are considered extraordinary and beyond the control of the parties.

For events to constitute the use of force majeure, they must be unforeseeable, external to contract parties, and unavoidable. Force majeure means “greater force” and is related to an act of God, an event for which no party can be held accountable.

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.

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 force majeure clause is a contract provision that relieves involved parties from performing their contract obligations if extreme circumstances or “major unforeseen events” outside of their control arise that would make performing these obligations impossible, inadvisable, or dangerous.

Examples of events that might trigger a force majeure clause into effect include a declaration of war, a disease epidemic, or a hurricane, earthquake, or other natural disaster events that fall under the legal term, “act of God.”

Clause 19.1 defines a force majeure event as one: which is beyond a Party's control, which such Party could not reasonably have provided against before entering into the Contract, which, having arisen, such Party could not reasonably have avoided or overcome, and.