Construction Contract Force Majeure Clause Example In Ohio
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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.
A typical example is a sudden natural disaster or an armed conflict. Even if people can predict the event — as might be the case with a civil war — if it's beyond the reasonable control of the parties to fulfill contractual obligations, it qualifies as a force majeure event.
Force majeure clauses typically identify such events as excusable delays, allowing the contractor a time extension. However, these clauses are typically silent as to responsibility for delay costs and additional direct costs that result from the force majeure event.
There are generally three essential elements to force majeure: • tt can occur with or without human intervention • it cannot have reasonably been foreseen by the parties • It was completely beyond the parties' control and they could not have prevented its consequences.
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.”
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.
Unforeseen Circumstances mean drastic incidents, which are beyond human control and result in non-performance or delay in obligations outlined in a contract.
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.
If something was foreseen, you saw it coming and it wasn't a surprise. Something unforeseen is the opposite: no one saw it coming. Accidents are usually unforeseen events: no one expects to get in a car or bike accident on a given day. Winning the lottery, since it's so unlikely, would be an unforeseen event.
