Force Majeure Clause

News & Analysis as of

Combined “Prevention of Shipment” clause replaces Prohibition, Force Majeure and Strikes clauses in standard grain trading...

The Grain and Feed Trade Association ("GAFTA") contracts have traditionally dealt with the consequence of Prohibition, Force Majeure and Strikes by way of independent stand-alone clauses. As of 1 June 2014, a single...more

New Jersey Appeals Court Interprets Force Majeure Clause In NAESB

In a ruling of significant importance for those confronting force majeure (“FM”) issues in natural gas trades, and a win for Hess Corporation (“Hess” or “Plaintiff”), the Superior Court of New Jersey, Appellate Division ruled...more

Dry Times: How to Deal with the Impact of California’s Drought on Critical Commercial Agreements

On January 17, 2014, California Governor Jerry Brown declared a “State of Emergency” in California due to the severity of drought conditions across the State. Since then, the California drought continues to be severe and...more

Force Majeure Clauses: Protecting Against the Unforeseeable

Force majeure clauses are a very important, but often overlooked, provision in all contracts, and are particularly important in construction and supply contracts. Whether a force majeure clause is included in a contract, and...more

Seller’s Invocation of Force Majeure Under NAESB Contract Rejected by NJ Appellate Division

In a case of first impression that interpreted the force majeure provisions of an industry contract form promulgated by the North American Energy Standards Board (NAESB), Cozen O’Connor prevailed on behalf of plaintiff when,...more

When Disasters Plague Your Contract

Part of the contract drafting process entails a bit of forward thinking: trying to identify and minimize ahead of time those things that could go wrong. If you’re new to the business world, or you’ve just entered into a new...more

U.S. Government Shutdown: Will Performance of Private Contracts Be Excused?

With Congress unable to reach an agreement on a continuing resolution, the federal government shut down all “non-essential” services on October 1, 2013. The shutdown will remain in effect until Congress passes appropriations...more

‘Force majeure’ clauses in commodity sale agreements – what should you be thinking about?

We have written previously about force majeure clauses in the context of market disruption events that have occurred or were anticipated (See previous alerts, 11-027, 11-007, 10-189 and 09-005, on force majeure). Lawyers...more

Revisiting "Force Majeure" for Nonprofit Meetings and Events

In this presentation: - Excuse of Contract Performance Due to Supervening Events: Legal Framework - Common Law - Impracticability - Frustration of Purpose - Contract Clause - Force Majeure in...more

TRANSACTIONAL: Project Development/Finance: Key Considerations in Energy Take-or-Pay Contracts

Perhaps the most common type of off-take contract in a large scale energy project is the take-or-pay contract. A properly constructed take-or-pay contract provides the seller with an assured revenue stream that ensures an...more

TRANSACTIONAL: Construction: ‘Back-to-back’ – the pass-through of construction risk from project agreement through to subcontracts...

When passing risk through to various sub-contractors to a PPP or energy infrastructure project, it is important to ensure that the core sub-contracts are drafted on a ‘back-to-back’ basis with the project agreement. This...more

FERC Issues Report Discussing Office of Enforcement Audit of Rockies Express Pipeline LLC

The Federal Energy Regulatory Commission issued an Audit Report on November 29, 2012 summarizing the audit of Rockies Express Pipeline LLC performed by the Office of Enforcement’s Division of Audits (Docket No. PA11-5-000)....more

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