Construction Contract Force Majeure Clause Example In Riverside

State:
Multi-State
County:
Riverside
Control #:
US-00462
Format:
Word; 
Rich Text
Instant download

Description

The Construction Contract Force Majeure Clause example in Riverside provides a structured framework for defining the obligations and rights of contractors and owners during a construction project. This clause is essential in addressing unforeseen events that may prevent project completion, thereby protecting both parties from liability under certain circumstances. Key features of this contract include a detailed scope of work, site information, permit requirements, and provisions for changes in the project scope. Filling and editing instructions emphasize the importance of specificity in project descriptions and the necessity for written Change Orders for any modifications. Specific use cases for the target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, include facilitation of contract negotiations, risk assessment, and ensuring compliance with local regulations. Additionally, the contract outlines responsibilities related to insurance, soil conditions, and contractor fees, making it a comprehensive resource for legal professionals and clients navigating construction projects. The clear structure, plain language, and prioritization of critical information make this form accessible for users with varying levels of legal experience.
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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.

If a contract is silent on force majeure or if the event does not meet the definition of force majeure under the parties' contract, a party's performance may still be excused in certain circumstances under the doctrine of commercial impracticability.

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.

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.

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.

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.

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Construction Contract Force Majeure Clause Example In Riverside