Contracts

Force Majeure

Also known as: Acts of God, Superior Force

A contract clause excusing performance when extraordinary events outside either party's control prevent normal performance.

Force majeure (French for "superior force") is a contract clause that excuses or delays a party's performance when an extraordinary event makes performance impossible or impractical. Typical triggers: hurricanes and other natural disasters, war, terrorism, pandemics, government shutdowns, strikes and labor actions, and supply chain failures from upstream events. The clause does not eliminate the obligation; it pauses it for the duration of the event and grants a time extension.

Force majeure is usually non-compensable: time only, no money. The contractor still bears its own delay-period costs (general conditions, financing, etc.) unless the contract specifically allows recovery. Modern contracts often list specific events that qualify and specific notice procedures the contractor must follow to invoke force majeure. Failing to give timely notice typically waives the claim, no matter how genuine the underlying event was.

Frequently asked questions

What events typically qualify as force majeure?+

Natural disasters (hurricanes, earthquakes, floods), war or armed conflict, terrorism, pandemics, government-ordered shutdowns, strikes and labor actions, and supply chain failures caused by upstream force majeure events. The exact list depends on the specific contract clause.

Does force majeure get the contractor money?+

Typically no. Standard force majeure clauses grant a time extension only. The contractor still pays its own general conditions during the delay period. Some contracts allow cost recovery for force majeure, but it is not the default.

How does a contractor invoke force majeure?+

Written notice to the owner within the contract's time limit (often 7 to 14 days), describing the event and its impact on the work. Schedule documentation showing the actual delay impact. Citing the specific clause that applies. Late notice typically waives the claim.

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