Force Majeure or Unforeseeable circumstances that prevent the fulfillment of a signed agreement or contract. Having a Force Majeure clause in a contract relieves both parties from carrying out their duties, and ordinary contract language involves these provisions. With that being said and given what the United States has been through over the last year in our current environment of local, state, and national level as a result of the COVID-19 emergency falls under the criteria of an unforeseeable event and having the proper clauses implemented may provide salvation for a party unable to perform through no fault of their own.
Force Majeure provisions are drafted frequently and include valid excuses for a non-performance in the events listed below:
- Medical Pandemic
- Labor Unrest
- Acts of War
- Acts of God
Such provisions are generally misconstrued and have a clause in place. If these natural disasters did occur, then the listed event will act as a valid excuse for executing the performance of the signed contract. A carefully worded force majeure clause is an essential tool in drafting an agreement under the current circumstances. Taking appropriate precautions on the front end of a contractual relationship will give you the safety, security, and flexibility you need in today’s unsettling and unpredictable environment.
Having the correct contract lawyers in your corner will not only provide the revisions of contracts you may sign in the future. But also the construction of any agreements you might need for your business conversely. The Contract Lawyers at Enara Law have all the experience and knowledge required to achieve maximum protection when in need of contract law.
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