Force Majeure: Allocating the Risk of the Unforeseeable in the Aftermath of COVID-19

10 Jan , 2022

To register for the upcoming live webinar, please Click Here

Not long ago, the “Force Majeure” clause embedded in the boilerplate of form construction contracts often was dismissed as a “catch-all” for potential unforeseeable and uncontrollable catastrophes, each as unlikely to happen as the next. Contractors and owners attempted to shoehorn this defense into a wide range of natural and unnatural events. Then came 2020, and with it, a new and contemporary interpretation of the traditional “force majeure” concept as COVID-19 and Federal, State, and Local governmental shutdowns wreaked havoc and uncertainty in the construction industry, the effects of which will remain for many years. While we are only beginning to scratch the surface of construction litigation and the various impacts caused by COVID-19-related shutdowns and disruptions, the current and projected effects of COVID-19 have reinforced the need and importance of carefully planning for the unexpected when negotiating construction contracts. 

This program will address: 

A brief history and evolution of traditional “force majeure” provisions which date back to the Napoleonic Code 

The future role for these provisions in standard form construction contracts 

How Courts have been and might interpret the provisions to answer whether and under what circumstances COVID-19 or implications of the pandemic may qualify as a “force majeure” event 

Lessons learned and practical advice to consider about “force majeure” when drafting and interpreting construction contracts and allocating project risk imposed by unknown and uncontrollable events in the COVID-19 era 

 

To register for the upcoming live webinar, please Click Here

More Webcasts

What Lawyers Need to...

Clear, confident communication is one of the most powerful tools a lawyer can have, yet it’s o...

Everything You Ever ...

Food, sex, exercise – all may involve a variety of commonly enjoyed experiences that are healt...

Navigating Rule 8.4(...

Bias and discrimination continue to shape workplace dynamics, legal practice, and professional respo...

Master Trial Series ...

Session 10 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years,...

The Ethics and Use o...

Social media is no longer optional for lawyers who want to build and sustain a thriving practice&mda...

Choosing Legal Malpr...

This one-hour program will look at the key differences in policies available in the marketplace, dif...

Leaving Government E...

Leaving federal government employment for the private or nonprofit sector raises important ethics is...

Master Trial Series ...

Session 9 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...

Trust Drafting Inten...

In this presentation, Vanessa Terzian uses examples from actual client documents to demonstrate comm...

Maintaining Ethical ...

Join Steve Herman on December 8, 2025, for "Maintaining Ethical Standards: Essential Strategies for ...