Recent events have again demonstrated the fragility of the
network of overseas suppliers for industries ranging from
automobile manufacturers to big-box retailers. Supply
disruptions can be caused by labor disputes at port facilities; by
piracy, cyclones or other events that disrupt goods-in-transit; and
by natural or man-made events such as earthquakes or armed
conflicts that disrupt production or transportation in an overseas
country. Unfortunately, the construction industry is not
immune to disruptions in the supply of goods from foreign
sources.
Most construction contracts include a force majeure
provision; however, not all such provisions are created
equal. Some provisions do not use the term force
majeure, and broadly apply to almost any delay that is beyond
the control of the invoking party (See, e.g. AIA
A201-2007, § 8.3.1: "If the Contractor is delayed . . .
by . . . other causes beyond Contractor's control"), while
other provisions are expressly
