ARTICLE
15 August 2025

Predictably Unpredictable: Considerations & Lessons Learned Regarding Force Majeure (Video)

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Nossaman LLP

Contributor

For more than 80 years, Nossaman LLP has delivered the highest quality legal expertise and policy advice to our clients nationwide. We focus on distinct areas of law and policy, as well as in specific industries, ranging from transportation, healthcare and energy to real estate development, water and government.
Events of force majeure may not be as "unforeseen" as they once were. Climate change has led to increasingly severe weather across the globe.
United States Government, Public Sector

Events of force majeure may not be as "unforeseen" as they once were. Climate change has led to increasingly severe weather across the globe. The current presidential administration has made significant tariff decisions that affect material and equipment costs and supply chains. The COVID-19 pandemic showed how viruses can cause substantial project disruptions.

On August 13, 2025, we hosted a webinar discussing lessons learned from the aftermath of force majeure events, as well as considerations for drafting force majeure clauses in project agreements. For instance, if a contractor must design a project to withstand a category 3 hurricane, should any hurricane below a category 3 be excluded as a force majeure event? Or if changes in law are proposed before executing a project agreement that would materially impact the project, should the implementation of those changes after execution be considered a force majeure event?

Understanding in advance how your project will manage such challenges will set expectations and help navigate difficult situations before they arise.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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