Understand the scope of traditional and nontraditional force majeure clauses to be better equipped to draft and negotiate.
Construction projects have always been at risk of the devastating time and cost effects of traditional force majeure events, such as natural disasters, war, and civil unrest. We live in trying times. Today’s construction projects are at risk of the effects of the traditional force majeure events and more unusual, modern force majeure events, such as pandemics, supply chain delays, widespread material short-ages, trade embargos, climate changes, and terrorism. Despite the risk, parties to design and construction contracts often include standard boilerplate force majeure clauses in their construction con-tracts without modification, negotiation, or even much thought about the actual application of the clause in the event of a force majeure event. As a result, such parties are often surprised to discover too late that these standard boilerplate force majeure clauses are inadequate to deal with the force majeure risks on a modern construction pro-ject. This can lead to disputes as parties try to make the risks fit within the standard boilerplate force majeure clauses and equitable doc-trines, such as impossibility, impracticability, and frustration of pur-pose. This topic will bring you up to speed on recent developments with force majeure clauses. By attending this topic, you will better understand the scope and, more importantly, the limitations of standard boilerplate force majeure clauses and the equitable doc-trines when dealing with all types of force majeure events. Armed with this knowledge, you will better address these risks in your con-struction contracts so that a force majeure event does not become a disaster for your company.
Learning Objectives
- You will be able to identify traditional and modern risks that could or should be addressed in a force majeure clause.
- You will be able to discuss how to modify standard force majeure clauses to address traditional and modern force majeure risks.
- You will be able to recognize the legal effect of force majeure clauses in construction contracts.
- You will be able to explain the scope and limitations of standard force majeure clauses.
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Agenda
| Introduction | |
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| Force Majeure Clauses | |
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| Recent Cases Interpreting Force Majeure Clauses | |
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| Negotiating and Revising Standard Force Majeure Clauses | |
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| Conclusion | |
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- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
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- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
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CPE 1.2 including Business Law 1.2
- Noggin Guru, Inc. dba Lorman Education Services and BankersHub is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.2 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
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OnDemand Course
This course was last revised on March 2, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.2
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.2 hours credit.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NM CLE 1.1
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hours of credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.25
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
Who should attend?
This live webinar is designed for attorneys, purchasing managers, material managers, contract administrators, senior buyers, project directors, controllers, and accountants.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the construction law and international arbitration sections of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
- Part-time instructor of Construction and Development Law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Worked as an engineer for an ENR® top 50 general contractor
- Drafted form contracts for the Associated Owners and Developers, a national association
- Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D., cum laude, from University of Georgia; B.S. in construction engineering from Iowa State University
- Can be contacted at [email protected], [email protected], and (404) 815-3711
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