Force Majeure in Construction: 5 Steps to Protect Your Projects

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A “100-year storm” floods your project site, washing away materials and making the access road impassable. Your deadline is just two weeks away, and every day of delay costs thousands. Panic starts to set in until you remember two words buried in your contract: force majeure. What does this legal phrase actually mean for you on the ground, and what should you do right now?

For construction professionals, a force majeure clause isn’t just legal boilerplate; it’s a critical safety valve for when unforeseeable events derail a project. But understanding when and how to use it can be the difference between a managed delay and a catastrophic dispute. This guide breaks down the concept into a practical framework, giving you a clear action plan for navigating project disruptions beyond your control.

What Is Force Majeure in Construction?

Think of a force majeure clause as the emergency button in your construction contract. It’s designed to excuse a party from fulfilling its contractual obligations when an extraordinary event or circumstance—one that is unforeseeable, uncontrollable, and makes performance impossible—occurs. It’s not a get-out-of-jail-free card for any inconvenience, but a specific protection against genuinely overwhelming disruptions.

For an event to qualify, it generally needs to meet three core conditions. Let’s look at what each one means in a practical sense.

Unforeseeable: The event couldn’t have been reasonably anticipated by either party when the contract was signed. A seasonal hurricane in Florida might be foreseeable, but a record-breaking earthquake in a region with no seismic history likely isn’t.
Uncontrollable: The party invoking the clause had no control over the event’s occurrence. You can’t cause a labor strike and then claim it as a force majeure event to excuse your own delays.
Impossible to Perform: The event must make it physically or legally impossible to carry out the work, not just more difficult or expensive. A flooded site that is physically inaccessible meets this test; a price spike in lumber, while challenging, usually doesn’t.

Common Force Majeure Events in Construction Projects

While every contract is different, most force majeure clauses list specific examples. Here are some of the most common events you might find:

Category	Common Examples
Natural Disasters	Earthquakes, floods, hurricanes, wildfires
Acts of Government	War, embargos, new laws, permit freezes, quarantine restrictions
Labor Issues	Widespread, industry-crippling strikes (not company-specific)
Other Events	Acts of terrorism, epidemics, pandemics

While lists provide clarity, nothing drives home the impact of force majeure like real-world scenarios. Here are a few examples construction professionals can relate to.

Real-Life Force Majeure Scenarios in Construction

Force majeure clauses aren’t abstract legal theory — they show their value in moments of real crisis. Construction projects worldwide have faced sudden disruptions where this clause became the lifeline that prevented financial collapse or litigation.

Hurricane Delays: A Category 5 hurricane destroys scaffolding and halts all on-site activity for weeks. The general contractor invokes force majeure, extending the delivery date without penalties.
COVID-19 Shutdowns: Government-imposed quarantine orders in 2020 forced construction sites to close, triggering widespread force majeure claims.
Border Closures: An infrastructure project relying on imported steel faced months of delay when cross-border trade was suddenly embargoed.

These examples highlight how force majeure clauses operate not in theory but in the everyday disruptions that shape modern construction projects.

Discover how standardized AIA Contracts define risk allocation, responsibilities, and clauses (including force majeure) to keep construction projects legally sound and dispute-ready.

How to Invoke a Force Majeure Clause: 5-Step Action Plan

When an unexpected event brings your project to a halt, knowing what to do in the first hours and days is crucial. Acting quickly and methodically protects your rights and sets the stage for a fair resolution. Here is a clear, step-by-step process to follow.

Step 1: Read Your Contract Immediately

Before you do anything else, find and read the force majeure clause in your contract. Don’t assume anything. The specific wording is the only thing that matters. Pay close attention to:

The Definition: Does your contract list specific events (like floods or pandemics)? If the event that occurred isn’t on the list, it may be harder to make a claim.
Notice Requirements: Look for a specific timeframe for giving notice. It’s often very short, sometimes as little as 7 to 10 days from the event. Missing this deadline could invalidate your entire claim.
Required Remedies: The clause will specify what relief is available. This is typically an extension of the project timeline and, less commonly, compensation for associated costs.

Step 2: Document Everything, Then Document More

Your ability to successfully invoke a force majeure clause depends on your proof. You must be able to demonstrate that the event happened and directly caused the work stoppage. Effective contract monitoring and documentation are non-negotiable. Start collecting evidence immediately.

This includes:

Photographs and Videos: Capture time-stamped images of the site conditions, damage, or other barriers to work.
Official Reports: Gather weather reports, government shutdown orders, news articles, and any other third-party validation of the event.
Communications: Save all emails, letters, and meeting minutes where the event and its impact are discussed with the owner, subcontractors, and suppliers.
Daily Logs: Your site logs are critical. Note crew sizes, work attempted, work prevented, and specific reasons for the stoppage, linking them directly to the force majeure event.

Step 3: Give Formal Written Notice

Once you’ve reviewed your contract and gathered initial evidence, you must provide formal written notice to the other party. An email or phone call is not enough. Follow the contract’s instructions for delivering notice precisely, which often means sending a certified letter.

Your notice should clearly state:

Your intent to invoke the force majeure clause.
A detailed description of the event.
The date the event occurred and when its impact began.
The specific contractual obligations you are currently unable to perform.
An initial estimate of the expected delay (if possible), with a note that you will update this as more information becomes available.

Step 4: Mitigate the Impact

Invoking force majeure doesn’t mean you can sit back and do nothing. You have a legal duty to mitigate—or lessen—the event’s impact on the project. This means taking reasonable steps to protect the site, preserve materials, and prepare to resume work as soon as possible. For example, if a storm floods the site, your mitigation duties could include pumping out water, covering exposed materials, and securing the area to prevent further damage. Document all your mitigation efforts, including any costs incurred.

Step 5: Communicate and Negotiate the Path Forward

Force majeure is the start of a conversation, not the end of one. Maintain open and transparent communication with the project owner and other stakeholders. Provide regular updates on the situation, your mitigation efforts, and your revised timeline for resuming work. The goal is to work collaboratively toward a solution, whether that’s a revised schedule, a change order, or another mutually agreeable path. Strong construction contract management practices are essential here to ensure all discussions and agreements are properly documented.

Learn how Construction Contract Management Software streamlines tracking of clauses, deadlines, and disruptions like force majeure to keep projects compliant and on schedule.

Many project owners and contractors confuse force majeure with general delay provisions. Understanding the distinction is critical for risk allocation.

Force Majeure vs Delay Clauses: What’s the Difference?

Both force majeure and delay clauses deal with project timelines — but they address very different risks. Force majeure protects against external, uncontrollable events, while delay clauses hold contractors accountable for internal inefficiencies or mismanagement. Comparing them side by side makes the difference clear.

Aspect	Force Majeure Clause	Delay/Liquidated Damages Clause
Trigger	Extraordinary, unforeseeable, uncontrollable events (e.g., earthquake, war)	Delays caused by the contractor’s performance or inefficiency
Relief Granted	Typically time extensions, sometimes suspension or termination	Monetary penalties or damages for each day of delay
Burden of Proof	Contractor must prove the event directly prevented performance	Owner only needs to show project was delayed

Put simply: force majeure protects contractors from events beyond their control, while delay clauses protect owners from avoidable project overruns.

Force Majeure Challenges: Answering the Tough Questions

While the five steps provide a clear roadmap, real-world situations are often messy. Here are answers to some of the most common complex questions that arise.

Does force majeure cover rising material costs or supply chain issues?

This is the big question today, and the answer is usually no. Standard force majeure clauses are designed for events that make performance impossible, not just more expensive or difficult. While a complete, government-mandated shutdown of a key supplier’s factory might qualify, general inflation or logistical delays typically fall under normal business risk. Some modern contracts include “material adverse change” or price escalation clauses to address this, but it’s rarely covered by force majeure.

What’s the difference between “impossible” and just “more difficult”?

This is a critical legal distinction. “Impossible” means the work physically cannot be done. For example, a government order halting all construction is a clear barrier. “More difficult” or “economically impractical” means the work is harder or less profitable but still achievable. A labor shortage that forces you to pay higher wages makes the job more expensive, but it doesn’t make it impossible to hire people and complete the work. This is a key area where robust contract risk management is vital to define these boundaries before a project begins.

What happens if I don’t give notice in time?

Missing the contractual notice period can be fatal to your claim. Many courts have strictly enforced these deadlines, ruling that failure to provide timely notice waives your right to claim relief under the clause. This is why Step 1—reading your contract immediately—is so important. Don’t delay.

Discover how an AI Contract Reader can instantly flag force majeure and delay clauses, helping contractors and owners avoid costly misinterpretations.

Having an action plan is one side of the equation. The other is drafting contracts that anticipate disruption. Here are best practices for making force majeure clauses more effective in construction.

Best Practices for Drafting Force Majeure Clauses in Construction

Having an action plan is one side of the equation. The other is drafting contracts that anticipate disruption. Here are best practices for making force majeure clauses more effective in construction.

Be Specific: Explicitly list events (pandemics, government shutdowns, cyberattacks) to avoid ambiguity.
Align Subcontracts: Ensure provisions “flow down” to subcontractors so the entire project team has consistent protection.
Define Notice Timelines: Specify how and when notice must be given — vague or missing timelines often cause disputes.
Address Duration: Set clear rules for when prolonged events (e.g., 90+ days) can lead to termination.
Integrate With Risk Management: Pair force majeure provisions with insurance coverage (builder’s risk, business interruption) for stronger protection.

Well-crafted clauses ensure contractors and owners share a common understanding of risks — preventing disputes before they arise.

Managing Force Majeure with Sirion’s AI-Native CLM

Force majeure events create a flood of documentation, deadlines, and negotiations — and missing even a single step can mean losing your right to claim relief. Sirion simplifies this process by bringing structure and intelligence to contract management when it matters most.

Automated Obligation Tracking: Sirion surfaces notice deadlines directly from your contracts, so you never miss the narrow window to invoke force majeure.
AI-Powered Data Extraction: Capture and organize critical details — event dates, affected obligations, termination thresholds — in seconds, not hours.
Centralized Documentation: Store photos, reports, and correspondence in one contract workspace, ensuring every stakeholder sees the same verified record.
Issue & Risk Dashboards: Monitor force majeure claims across projects and spot potential disputes early, with AI-driven insights into delays, extensions, and liability.
Negotiation Support: Sirion’s Redline Agent suggests compliant language and fallback terms, making it easier to renegotiate timelines or amend contracts fairly.

By turning legal complexity into clear, actionable insights, Sirion enables construction teams to respond quickly, protect business continuity, and maintain trust with project owners — even when the unthinkable happens.

Navigating the New Normal in Construction Contracts

The world is filled with more uncertainty than ever, from pandemics to extreme weather events and geopolitical instability. For construction professionals, this means the force majeure clause has moved from a rarely used legal provision to a central element of risk management. Understanding your contract documents and having a clear plan of action is no longer optional.

By following a structured, proactive process, you can navigate these disruptions effectively, protect your business, and maintain trust with your clients. As projects become more complex, leveraging technology to manage these processes becomes increasingly critical. The future of successful project delivery lies in blending on-the-ground expertise with smarter, more connected contracting. Understanding what AI contract management is can provide a significant advantage in tracking obligations, deadlines, and documentation when a crisis hits.

Frequently Asked Questions (FAQs)

What's the difference between a force majeure clause and an Act of God clause?

An "Act of God" clause is typically narrower and only covers natural disasters (like earthquakes, floods, or tornadoes) that have no human involvement. A force majeure clause is broader and can include both natural events and human-caused events, such as war, strikes, or government actions. Most modern contracts use the term force majeure for its wider scope.

How does force majeure affect subcontractors?

The relationship is governed by the subcontract agreement. A subcontractor cannot automatically claim force majeure just because the general contractor did. They must have a similar clause in their own contract and prove that the event directly impacted their specific work. A best practice for general contractors is to ensure force majeure provisions "flow down" and are consistent between the prime contract and all subcontracts.

Can a force majeure event terminate the entire contract?

It depends on the contract language and the duration of the event. Most clauses provide for a suspension of work and a time extension. However, many contracts also include a provision that if the force majeure event continues for an extended period (e.g., 90 or 180 consecutive days), either party may have the right to terminate the contract.

Are pandemics like COVID-19 automatically considered force majeure events?

Not automatically. While the COVID-19 pandemic was certainly an unforeseeable event, whether it triggered a force majeure clause depended on the specific contract language and the direct impact on the project. If a contract explicitly listed "pandemic" or "epidemic," the case was stronger. If not, claims often relied on the impacts of government shutdown orders, quarantine restrictions, or labor unavailability directly caused by the pandemic. Post-2020, many new contracts now explicitly address pandemics.

Does force majeure cover supply chain disruptions in construction?

Not always. While a government-mandated factory closure could qualify, general price inflation or late shipments rarely meet the standard of “impossible to perform.” Contractors should negotiate separate escalation or material adverse change clauses to cover supply chain volatility.

Additional Resources

Contract Clauses