Construction Law: What is Force Majeure?

Whenever you are involved in a construction project understanding all things construction law can be overwhelming. Construction law can be complex, but knowing the basics such as what is force majeure can help you understand better.

What is Force Majeure?

We all know that contracts are a necessity for any construction project and understanding what is in the contract is critical.

Force majeure is a common clause in contracts that frees both parties of liability or obligation when unforeseeable circumstances hit.

Certain criteria must be met:

– Circumstances must be beyond the reasonable control of the affected party

– Any ability to perform obligations have been prevented

– Parties have taken all responsible steps to avoid any consequences

The clause will usually also include specific reasons such as a pandemic.

Force Majeure and the Pandemic

If detailed specifications of a pandemic are present in the contract, then there really is no need to worry. When the language is present, there is no need to prove that a pandemic would qualify. It is best to always have an attorney who specializes in construction law to review all contractions and a force majeure.

However, keep in mind that the consequences need to be a direct impact of COVID-19.

This means that the impact of COVID-19 caused project delays, disruption due to labor shortage, or the unavailability or delay of needed materials.

Due to the current pandemic, the construction industry is expected to see an increase in contract claims and disputes. These disputes can last months over even years. To prevent unwanted disputes, including force majeure in full detail in any construction contract is highly recommended.

 Working with a Construction Law Attorney

Are you in the Phoenix area and in the middle of a construction project? Speaking with a construction attorney in Phoenix before, during, and after a construction project can help make sure everything runs smoothly.

The team at Murphy Cordier PLC is well-versed when it comes to all things construction law and contracts. Their experienced attorneys can assist you during any construction contract disputes or even assist in formatting a contract, offering the advice and legal representation you need.