Construction Contract Force Majeure Clause Example In Tarrant

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

Description

The Construction Contract Force Majeure Clause example in Tarrant provides essential guidelines for managing unforeseen events that may impact the construction project. This clause allows both Contractor and Owner to define scenarios where performance may be excused due to extraordinary circumstances, such as natural disasters or governmental actions. Key features of this clause include the description of force majeure events, the required notice to be given by the affected party, and the duration for which the clause applies. Filling instructions emphasize the need for clear communication regarding documentation and the necessity for both parties to retain records of any invoked force majeure occurrences. This form is particularly useful for attorneys, who can leverage it to negotiate favorable terms; partners and owners, who seek to understand their rights and responsibilities; and associates, paralegals, and legal assistants, who may be tasked with drafting or reviewing contracts. Specific use cases include construction contracts involving large projects that could be affected by weather conditions or regulatory changes. In summary, the force majeure clause serves as a protective measure, helping all parties manage risks associated with construction delays.
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FAQ

(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 ...

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.

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.

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.

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.

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.

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.

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.

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Construction Contract Force Majeure Clause Example In Tarrant