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Force Majeure Clauses in Construction Contracts

Understand the scope of traditional and non-traditional force majeure clauses so you are equipped to draft and negotiate better clauses.

Construction contracts have traditionally addressed the risk of supervening, uncontrollable events, such as natural disasters, war, and civil unrest, through the use of standard force majeure (superior force) clauses. Oftentimes such clauses are included in construction contracts without modification, negotiation, or much thought or appreciation about the actual risks or devastating effects that such events would have on a construction project. Modern construction projects are also more likely than in the past to be adversely affected by national and global events, such as climate change, material shortages, tariffs, trade agreements, and terrorism that are not adequately addressed by the standard force majeure clauses. This can lead to disputes as parties try to make these risks fit within the traditional force majeure clauses. As a result, this topic will help owners, developers, construction managers, contractors, subcontractors, design professionals, and others in the construction industry develop a better understanding of the importance of adequately addressing the risk of supervening, uncontrollable events in force majeure clauses. You will better understand the scope of traditional force majeure clauses, and you will better appreciate the possibilities of addressing nontraditional and project specific risks through force majeure clauses. In short, this topic will help you draft and negotiate better force majeure clauses, which will lead to better contracts and less disputes, which is critical for anyone who will or may draft, negotiate, sign, or administer a construction contract.

Runtime: 100 minutes
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Over 32 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.

Agenda

Overview

Common Law Defenses

  • Impossibility/Impracticability
  • Frustration of Purpose

Force Majeure Clauses

  • Typical Scope
  • Standard Form Force Majeure Clauses
  • Drafting and Modifying Force Majeure Clauses
    • Addressing Common Law Defenses
    • Foreseeability
    • NonPerformance vs. Underperformance
    • Listing Force Majeure Events
  • Consistency With Other Clauses

Disputes Involving Force Majeure Clauses

  • Burden of Proof
  • Acts of God/Nature
  • Acts of Government
  • Acts of Others
  • Causation

Insurance

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Why Lorman?

Over 32 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.

Credits

OnDemand Webinar

This course was last revised on September 18, 2019.

Call 1-866-352-9540 for further credit information.

  • ISM 1.5
     
  • Participants who successfully complete this program will receive 1.5 hours of continuing education. They may be applied toward ISM CPSM, CPSD or C.P.M. recertification. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 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 Cahalan

Scott Cahalan

Smith, Gambrell & Russell, LLP

  • Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
  • Adjunct professor of design and construction law at Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Practice includes all aspects of design and construction law from drafting and negotiating prime contracts, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
  • Drafted form construction contracts for a national owner organization, a large university, and a fortune 50 company
  • Recognized by Chambers USA 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. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
  • Can be contacted at [email protected], [email protected], or 404-815-3711
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Product ID: 406254
Published 2019
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