COVID-19 Force Majeure Clauses are Losing Their Punch

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Joe Bousquin, Construction Dive

Two years in, we've all got pandemic fatigue. Turns out, the go-to language of "force majeure" due to COVID-19 in construction contracts may be getting a bit tired as well.

Owners are increasingly pushing back against clauses that cite COVID-19 as an excusable delay, construction attorneys say.

Going forward, the decision could potentially have far-reaching implications, given the fact that there is a dearth of existing case law covering COVID-19 and force majeure disputes to date.

 

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