It’s interesting how a slew of Latin legal words and terms are rarely used but synonymously conjure an action that is often easily overlooked. Force Majeure is the perfect term given the current worldwide state of affairs. How often has this clause been briefly considered or even skipped over when reading a construction contract? It may be time to re-read this clause and confirm how it applies to your job performance and contractual obligations, or those of your clients.
Job delays caused by labor shortages, gathering restrictions, delivery delays, and material back-orders as well as cost overruns and performance deficiencies may occur, and be beyond your control. As the world has come to a pause, you should be proactive and review existing contracts and any new ones you are considering. You should involve your attorneys, and should examine your supply chains and your own operations, to see how they may be affected.
There may be requirements, such as timely written notice within a designated time frame, as well as a requirement for prompt action to mitigate the effects of the disruption.
Considering developing and/or updating a continuity plan funded by insurance, and any other Backup Plans specific to your business’s existence.
And lastly, never lose faith in the human race; it is never late for human courtesy so God’s Speed to all and looking forward to hearing about all the accomplishments yet to come.