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Contracts that include a force majeure clause may define the events that will trigger the clause.

For example, while acts of terrorism might be a specified force majeure event, it does not necessarily follow that a court would also excuse a partyΓÇÖs performance based on "threats" of terrorism. For those of us who, like me, lack French fluency, force majeure means “superior force.” A force majeure clause is a contractual provision that excuses performance by a party—either temporarily […] The COVID-19 virus has impacted over 140 countries globally, with schools, churches and businesses being closed down – inevitably affecting contractual obligations nationally and internationally. COVID-19 has caused attorneys, units of government, and businesses across the country to review a common “boilerplate” provision in many contracts: the For those of us who, like me, lack French fluency, There are few modern reported appellate cases in North Carolina directly interpreting application of a Below are a few practical tips for attorneys and procurement officials who might be called upon to interpret these contractual provisions in the coming weeks and months.6.3.1  If Constructor is delayed at any time in the commencement or progress of the Work by any cause beyond the control of Constructor, Constructor shall be entitled to an equitable extension of the Contract Time. 1.

This is outside the control of the contracting parties including contractors and subcontractors.These incidents outside the influence of the contracting parties are often referred to as ‘God’s actions.’These instances of ‘Acts of God’ may cause a delay in project completion on time. Courts tend to interpret force majeure clauses narrowly; that is, only the events listed and events similar to those listed will be covered. Force majeure is a clause that is included in contracts to remove liability for natural and unavoidable catastrophes. As impossible as it may sound, the law attempts to make provision for such circumstances, where a South African law on impossibility of performance departed from English law more than a century ago, when the court in In order to avoid the potential ambiguity of the common law in these circumstances, most well advised contracts contain a The COVID-19 virus has been declared a global pandemic by the World Health Organisation and several countries now have quarantines in effect to slow the spread of the virus.

A force majeure clause is a contractual provision which excuses one or both parties’ performance obligations when circumstances arise which are beyond the parties’ control and make performance of the contract impractical or impossible. Whether COVID-19 is an FM under a contract depends on the clause’s specific wording within that contract, bearing in mind that FM clauses are typically interpreted narrowly. It also encompasses human actions, such as armed conflict. COVID-19 has caused attorneys, units of government, and businesses across the country to review a common “boilerplate” provision in many contracts: the force majeure clause. In the same way that our government and healthcare systems are being proactive in mitigating the spread of the virus, businesses can be proactive in mitigating the economic and legal consequences arising from the spread of the virus.GoLegal is a leading industry news and information portal for the South African legal sector, catering to attorneys, corporate counsel, legal scholars, policy makers and other corporate and legal interest groups. Please reload the CAPTCHA. This is why you must contact the parties concerned without delay within a reasonable time and within the time period stated in your contract terms. Before applying to any project, you must refer to the contract conditions to find clear terms. Force majeure clauses require analysis to determine if and how they apply in a specific situation. Basically, a construction contract with a clear understanding of their obligations is signed by decided contracting parties.