Benton T. Wheatley and Anna Spicer | Commercial Construction Renovation Discourse surrounding force majeure clauses skyrocketed in the wake of COVID-19. Parties to contracts were confronted with the uncertainty of promising future performance when the future was far from certain. In particular, construction contracts felt the impact of this uncertainty through price escalations, tariffs, material… Continue reading Force Majeure & Impossibility: What Construction Leaders Need
Tag: Force Majeure
Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era
Brenda Radmacher | Seyfarth Shaw In light of recent disputes, international construction firms are rethinking how they draft force majeure and price escalation provisions to better address tariff-induced cost increases. While traditional force majeure clauses often focus on physical impossibility or natural disasters, they should now explicitly include governmental actions such as the imposition or increase of tariffs.… Continue reading Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era
Managing Extreme Weather-Related Delay and Disruption Claims on Projects
Mark Crossley, Tom Smith and Lee Wake | Hogan Lovells Key steps when making and assessing extension of time and cost claims for project delays and disruptions caused by increasingly frequent extreme weather events. A growing number of “freak” weather events, such as record temperatures, rainfall and wind speeds are leading to wildfires, heatwaves, floods… Continue reading Managing Extreme Weather-Related Delay and Disruption Claims on Projects
Force Majeure Recommendations
Denise M. Motta | Gordon Rees Scully Mansukhani This Bulletin provides guidance to contractors, subcontractors, suppliers, and others to ensure compliance with contractual change order requirements in the event work on a construction project is impacted by a force majeure event. Contract Protection Tips: A force majeure event is defined as an unforeseeable circumstance that… Continue reading Force Majeure Recommendations
What is a “Force Majeure” Clause? Do I Need one in my Contract? Three Options For Contractors, Subcontractors and Suppliers to Consider
William L. Porter | Porter Law Group In the world of the building and construction industry, the general rules of contracting are fairly simple. A supplier agrees to supply equipment or materials for a specific price and within a certain time frame, does so, and is paid an agreed sum. Likewise, contractors and subcontractors agree… Continue reading What is a “Force Majeure” Clause? Do I Need one in my Contract? Three Options For Contractors, Subcontractors and Suppliers to Consider