News & Analysis as of

Force Majeure Clause Tariffs

Venable LLP

Leveraging Your Contracts to Address the Impact of Tariffs

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Companies are facing a unique trade market. President Trump has announced various tariffs, including additional tariffs on China, the on-again, off-again tariffs on Canada and Mexico, auto tariffs, steel and aluminum tariffs,...more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

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Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Morrison & Foerster LLP

Navigating New U.S. Tariffs: Questions to Consider

The current worldwide focus on tariffs, paired with reciprocal tariffs from various affected states, is likely to have significant impact on the costs of cross-border trade. Businesses focused on importing and exporting goods...more

Farrell Fritz, P.C.

Impact of Recent U.S. Tariffs on Material Adverse Change and Force Majeure Clauses

Farrell Fritz, P.C. on

The recent imposition of tariffs by the U.S. government has introduced significant complexities in contractual performance and risk allocation. It is important to assess how these tariffs may influence material adverse change...more

Seyfarth Shaw LLP

Allocating the Risk of Tariff Price Increases

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As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting...more

Kerr Russell

Tariffs and Contract Performance: Can Tariffs be a Force Majeure Event?

Kerr Russell on

Following the previous imposition of significant tariffs on imports from Canada and Mexico, President Donald J. Trump announced on April 2, 2025 additional tariffs of varying amounts covering virtually all goods imported into...more

A&O Shearman

Tariffs and force majeure

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We are starting to hear reports of businesses declaring the Trump Administration's Executive Order on tariffs to be a force majeure event under their contracts. Most of us now have rather more experience than we'd like to of...more

Goldberg Segalla

[Webinar] Building Under Pressure: Navigating the Impact of Trump’s Tariffs on Construction Contracts - March 25th, 12:00 pm -...

Goldberg Segalla on

Join Goldberg Segalla partner Laura Colca for an insightful webinar that delves into the complexities of how Trump’s tariffs have reshaped the construction industry. Learn the financial and logistical impacts of tariffs on...more

Gray Reed

A Brave New World – Tariffs and Force Majeure

Gray Reed on

My colleague (Graham Quinn) recently wrote an article about the potential financial impact of the impending steel and aluminum tariffs on the construction industry.  See hyperlink: The Impact of President Trump’s Steel and...more

MG+M The Law Firm

Tariffs and the Construction Industry

MG+M The Law Firm on

On February 10, 2025, President Donald Trump announced his intention to impose 25% tariffs on imports of all steel and aluminum, two materials found in nearly every construction project. These tariffs are set to take effect...more

Vinson & Elkins LLP

Once More Unto the Breach: Navigating Supply Chain Disruption Amid the Trade Wars – a Construction Contract Checklist

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The tectonic plates have shifted once again, this time with trade tariff announcements from the incoming Trump administration, sowing the seeds for another potential supply chain disruption event. In times like these owners,...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Managing Import Risks Under the New Trump Administration (Part IV):...

Foley & Lardner LLP on

In an increasingly volatile global economy, suppliers and buyers face unforeseen challenges that may impact their ability to perform under commercial contracts. Longstanding assumptions about the level of tariffs, even under...more

Kerr Russell

Countdown to Tariffs: Are your contracts ready?

Kerr Russell on

President-elect Donald Trump has threatened to impose sweeping tariffs on imported goods immediately upon taking office on January 20, 2025. Those tariffs could have an immediate impact on the U.S. supply chain for goods, as...more

McDermott Will & Emery

Key Takeaways | How Solar Industry Leaders are Addressing and Overcoming the US–China Trade War

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The US-China trade war has caused a significant impact on the solar industry, and that impact is expected to grow. In this webinar, learn how solar industry leaders are handling the effects of the US–China trade war and how...more

Dentons

Coronavirus Commercial Concerns - Supply Chains and Sources, Insurance, and More

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Over the last few years, some commercial businesses have struggled with Chinese supply chains and vendors under the threat of U.S. tariffs. Now, businesses need to think about and strategize their supply chains and vendor...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? The Truth About Tariffs

Dear YouDig?, I am majoring in construction management in O-H-I-O. Love this stuff. Help me out though. I am getting mixed signals from my professors and from what I read in various publications and social media, including...more

Womble Bond Dickinson

Our Way or the Huawei: Are Your Fintech Contracts Ready for a National Emergency?

Womble Bond Dickinson on

Most of the reaction to Donald Trump’s sweeping new Executive Order, declaring a national emergency to combat “the ability of foreign adversaries to create and exploit vulnerabilities in information and communications...more

Hahn Loeser & Parks LLP

Contract Risk for Escalation Costs

Steel and other construction material tariffs necessitate careful evaluation and allocation of project cost and schedule risks. For example, when steel costs increased suddenly based solely on presidential executive orders,...more

Foley & Lardner LLP

New Section 301 Tariffs Target Numerous Automotive-Sector Imports: Coping Strategies and Prospects for Product-Specific Relief

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The automotive sector is getting a quick primer on the various ways in which the international trade laws can target automotive imports. In addition to the announcement of a potential Section 232 tariffs or other trade...more

Foley & Lardner LLP

New Section 301 Expanded Tariffs and Exclusions Process Bring Danger and Opportunities for U.S. Importers and Consumers

Foley & Lardner LLP on

Listening to companies that predicted chaos within their supply chains if there were not some kind of exemption process for the Section 301 tariffs, the U.S. Trade representative has announced a process for importers to...more

Bracewell LLP

Force Majeure, Now What?

Bracewell LLP on

As discussed in our last alert, the possibility of parties turning to force majeure clauses as an excuse for performance in the face of steel and aluminum tariffs has become a reality. While the government deals with numerous...more

Parker Poe Adams & Bernstein LLP

Trade Wars: Do the Steel and Aluminum Tariffs Create a Force Majeure to Excuse Contract Performance Under North Carolina or South...

The federal government recently implemented new tariffs on steel and aluminum pursuant to Section 232 of the Trade Expansion Act of 1962. Effective March 23, the government imposed a 25 percent tax on steel and a 10 percent...more

Latham & Watkins LLP

The UK has voted to leave the EU: What now?

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The British public have voted that the UK should leave the EU. The EU Referendum vote (the Leave Vote) does not by itself result in an automatic UK exit from the EU. The EU Treaty provides for a framework for a...more

King & Spalding

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

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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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