California Force Majeure Provisions - Consequences of a Force Majeure Event

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Multi-State
Control #:
US-ND1106
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This form provides boilerplate Force Majeure contract clauses that outline the consequences and contingencies that will apply under a contract agreement as a result of a Force Majeure event. Several different language options are included to suit individual needs and circumstances.

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FAQ

Force Majeure. Neither party shall be liable for any failure or delay in performance under this contract caused by circumstances beyond their reasonable control, including but not limited to acts of nature, war, terrorism, government regulations, labor disputes, or other force majeure events.

Generally speaking, for events to constitute force majeure, they must be unforeseeable, external to the parties of the contract, and unavoidable. These concepts are defined and applied differently depending on the jurisdiction.

Comment: Typical Force Majeure events include natural causes (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), infrastructure failures (transportation, energy), etc.

Although there are a variety of causes of force majeure events, certainly the most-common on a construction project are ?abnormal weather? such as excessive precipitation, extreme cold or extreme heat, and other atypical weather.

Citing Witkin Summary of Law, California courts have held that, ?force majeure is the equivalent of the common law contract defense of impossibility and/or frustration of purpose: performance of a contract is excused when an (1) unforeseeable event, (2) outside of the parties' control, (3) renders performance ...

If you have a family crisis, you have a right to limited time off work. This is called force majeure leave. You may need to take force majeure leave for an urgent family reason, such as the unexpected injury or illness of a 'close family member'.

Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as ?Force Majeure?), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, ...

Force majeure clause samples 10.2 The Party affected by Force Majeure shall not assume any liability under this Agreement. ... Section 15.12 Force Majeure. ... 6.4 If the agreement cannot be performed due to force majeure, the responsibility shall be exempted in part or in whole ing to the influence of force majeure.

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California Force Majeure Provisions - Consequences of a Force Majeure Event