Force Majeure

With the recent events occasioned by the Hurricane known as Katrina, the issue of force majeure, that is uncontrollable, unavoidable event comes to the forefront. Has anyone had to deal with this issue in the last quarter century?

Well general force majeure will relieve one from having to perform under a contract. Yet, it is little known that force majeure provision, if absent from a contract, can still be asserted in a majority of jurisdictions to relieve a party from performance. Check to see where your state falls in this regard.

There is a good article in this month's Construction Magazine put out by the Associated Builders and Contractors. While I do not wish that anyone will ever have to deal with this concept, the hurricane known as Katrina is a good reminder of this concept...may such a horrific event never be known by you!