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Construction Contracts Force Majeure In San Antonio

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.

Q: How do you write a force majeure clause in a contract?

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.

Category:

Construction - Contractors

State:

Multi-State

City:

San Antonio

Control #:

US-00462

Format:

Instant download

Description

The Construction Contract for force majeure in San Antonio outlines essential agreements between a Contractor and an Owner for a construction project. Key features include a defined scope of work, work site responsibilities, and the necessity for permits. Special emphasis is placed on unforeseen soil conditions, where the Contractor's liability is limited regarding soil issues. The contract highlights the need for insurance by the Contractor and stipulates that any changes to the scope of work must be documented through a written Change Order. It also specifies payment terms, including late fees for overdue payments, and warranties limited to defects in workmanship for one year. This contract form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in construction projects, as it provides a structured framework for managing legal obligations and risks associated with construction contracts. Additionally, the form assists users in ensuring compliance with local regulations and facilitating clear communications between parties.

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FAQ

Force majeure clause samples 10.2 The Party affected by Force Majeure shall not assume any liability under this Agreement. Section 15.12 Force Majeure. 6.4 If the agreement cannot be performed due to force majeure, the responsibility shall be exempted in part or in whole ing to the influence of force majeure.

Give Notice, If Necessary. Many clauses require the parties to give notice of a force majeure declaration a specific number of days before the event or within a certain time frame once the event is triggered. Make sure you're following terms and promptly give notice.

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.

Here is an example of a force majeure clause template: Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, government restrictions, wars, insurrections, or natural disasters.

Force majeure incidents typically include wars, natural disasters (e.g., earthquakes), terrorist attacks, epidemics, and civil unrest, such as riots. The concept of force majeure originated in French civil law as part of the Napoleonic Code and has been incorporated into the common law and civil law of many countries.

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.

Ingly, we write to request NATURE OF RELIEF SOUGHT due to the unforeseen impact of THE FORCE MAJEURE EVENT. ADD ASSURANCES IF NECESSARY – for example: “_______ fully intends to continue our business relationship pursuant to the Contract once the FORCE MAJEURE EVENT has ended/subsided/ceased/etc.”

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.

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.