Construction Contract Force Majeure Clause Example In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-00462
Format:
Word; 
Rich Text
Instant download

Description

The construction contract force majeure clause example in Phoenix serves to protect both contractors and owners from unforeseen events that could hinder project completion. This clause outlines specific circumstances that qualify as force majeure, such as natural disasters or government actions, allowing for an extension of time without penalties. Key features include clear definitions of responsibilities related to permitting, insurance, and site conditions, which are crucial for compliance and risk management. Filling instructions suggest clearly identifying all parties and the project scope, with space for detailing any special conditions or alterations to the work. It's particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in construction projects, as it ensures all parties understand their rights and responsibilities. Furthermore, proper documentation protects against potential disputes, streamlining the communication process during construction. Understanding and using this form promotes clear expectations, thus reducing the likelihood of contract breaches and legal complications.
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FAQ

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.

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.”

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.

Templates. “Force Majeure: Neither party shall be liable for any failure or delay in the performance of any obligations under this Agreement, except for the obligation to make payments, if such failure or delay is caused by a Force Majeure event.

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.

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.

(1) Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the ...

It is understood and agreed by the Parties hereto that the following will not constitute event(s) of force majeure: the loss of Buyer's markets, not otherwise due to an event of force majeure; Buyer's inability economically to use or resell Gas purchased hereunder,hereunder; increases or decreases in Gas supply due to ...

An "Agreement null and void" clause stipulates that the contract or certain provisions within it will have no legal effect if specific conditions or contingencies are not met.

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Construction Contract Force Majeure Clause Example In Phoenix