A force majeure clause lists events that neither party controls and says what happens when one hits. In construction, the typical result is an excusable, non-compensable delay: the contractor gets a time extension and relief from liquidated damages, but no extra money. Common listed events include unusually severe weather, fire, flood, earthquake, war, terrorism, labor strikes, government orders and epidemics. AIA A201 handles this in its time-extension provision without using the Latin label.
Specifics matter. Weather usually has to be abnormal for the location and season, often measured against historical data, and it has to actually affect critical path work. Many clauses require prompt written notice (sometimes within days) and require the contractor to mitigate. Price increases on their own are usually not force majeure, which is why escalation clauses exist.
Why it matters
Force majeure decides who carries the schedule risk of events nobody caused. Missing the notice deadline can turn an excusable delay into one you pay liquidated damages on.
Common mistakes
- Claiming weather days without comparing to historical norms for the month.
- Late or missing written notice.
- Claiming days that didn’t affect the critical path.
- Assuming force majeure covers cost increases when the clause only grants time.
- Not passing the same terms down to subs, or not passing their notices up.
How os.construction handles it
We’re building daily logs with weather and crew data linked to the schedule and to change events, so a force majeure notice is backed by records made the day it happened. It’s in development.