This form provides boilerplate Force Majeure contract clauses that outline the consequences and contingencies that will apply under a contract agreement as a result of a Force Majeure event. Several different language options are included to suit individual needs and circumstances.
District of Columbia Force Majeure Provisions - Consequences of a Force Majeure Event
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US-ND1106
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Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as ?Force Majeure?), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, ...
Although there are a variety of causes of force majeure events, certainly the most-common on a construction project are ?abnormal weather? such as excessive precipitation, extreme cold or extreme heat, and other atypical weather.
Comment: Typical Force Majeure events include natural causes (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), infrastructure failures (transportation, energy), etc.
Generally speaking, for events to constitute force majeure, they must be unforeseeable, external to the parties of the contract, and unavoidable. These concepts are defined and applied differently depending on the jurisdiction.
Common consequences are that parties agree to suspend performance or excuse liability for non-performance. Sometimes though they may simply require the parties to find alternative arrangements as may be fair, reasonable and practicable.
Force Majeure. Neither party shall be liable for any failure or delay in performance under this contract caused by circumstances beyond their reasonable control, including but not limited to acts of nature, war, terrorism, government regulations, labor disputes, or other force majeure events.
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.
A force majeure clause includes three elements: It specifies the events which enable either party to declare a force majeure/act of God event. It states how a party should notify its counterparty about the occurrence. It describes the consequences after a force majeure event has occurred.