Before COVID-19, force majeure provisions were often
afterthoughts in construction contracts. However, COVID-19 has put
these types of clauses in the forefront as the construction
industry begins to feel the effects of the global pandemic.
Force majeure clauses, whether in construction
contracts or other types of contracts, are meant to address events
that could not reasonably have been foreseen. Such clauses
typically allow a party to postpone or terminate performance when
events occur that are beyond either party's control, causing
contract performance to be impractical or impossible. Force
majeure events typically involve things such as war, famine,
riots, extreme weather and government orders. These examples are
not, however, an inclusive list. Therefore, one needs to review how
a particular contract defines force majeure events. Here
we will discuss a few examples of the application of force
majeure and other contract avoidance principles to
construction
