Force Majeure Clauses in Construction Contracts
Date:
March 14 2011
The primary purposes of construction contracts are to clarify responsibilities (including performance and payment obligations) and to allocate risk. It is in regard to the latter purpose that the concept of force majeure plays an important role. Such clauses serve to deal with the risk of events which fall short of frustration. Such clauses can be successfully employed to recognize industry or project specific risks.
In this paper, Lowell Westersund discusses the following items:
- Purpose of Force Majeure Clauses
- Present Force Majeure Clause Usage
- Requirements for Force Majeure
- Triggering Events
- Duration/Mitigation
- Notice
- Effect on Contractual Obligations
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