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Construction Contract Force Majeure Clause Example In Virginia

Category:

Construction - Contractors

State:

Multi-State

Control #:

US-00462

Format:

Instant download

Description

The Construction contract force majeure clause example in Virginia outlines the responsibilities and obligations of the Contractor and Owner in relation to unforeseen events that may impact the project under the contract. Key features include the definitions of force majeure events, the processes for notifying parties of such events, and the obligations of both parties to mitigate damages and delays. To fill out this form, users should clearly state the particulars of the project, including the scope of work, location, and relevant specifications. Editing instructions recommend detailing any changes to the work scope through formal Change Orders to ensure enforceability. This clause is essential for managing risks associated with unpredictable situations such as natural disasters, which can breach contract timelines. The utility of this form extends to various legal professionals such as attorneys, partners, owners, associates, paralegals, and legal assistants who are involved in construction law or contract negotiations. It equips them with a comprehensive tool for safeguarding their interests and guiding clients through potential liabilities in construction projects.

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FAQ

A typical force majeure clause includes a statement that the occurrence of certain events or circumstances will excuse performance; a listing of the events or circumstances; and a listing of obligations imposed on the party claiming to be excused that typically relate to keeping the other party informed about the force ...

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.

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.

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.

Sample Language 3 The Parties hereby acknowledge that while current events related to the current epidemic/pandemic are known, future impacts of the outbreak are unforeseeable and shall be considered a Force Majeure event to the extent that they prevent the performance of a Party's obligations under this Agreement.

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.

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.