Force Majeure – Predictably Unpredictable: Considerations and Lessons Learned Regarding Force Majeure in Design-Build Projects
On February 28, 2025, Kyle Hamilton and Jill Jaffe joined a panel for “Force Majeure – Predictably Unpredictable: Considerations and Lessons Learned Regarding Force Majeure in Design-Build Projects,” a webinar hosted by the Design-Build Institute of America Western Pacific Region (DBIA-WPR) Water/Wastewater Committee.
Climate change has brought more consistent severe weather world-wide. The incoming presidential administration has proposed tariffs which could impact material and equipment costs and supply chains. The COVID-19 pandemic showed that viruses can cause massive disruptions to projects. In the world today, events of force majeure seem more predictable and less unforeseeable than ever before. During this webinar, the panelists discussed lessons learned from dealing with the aftermath of events of force majeure and things parties should consider when drafting a force majeure clause before executing a design-build contract.
For example, if a design-build contractor is required to design a project which can withstand a category 3 hurricane, should any hurricane below category 3 be excluded as an event of force majeure? Or if a state or federal administration proposes changes in law before execution of a design-build contract which would materially impact a design-build project, should the implementation of such proposed changes after execution of such project constitute an event of force majeure? Events of force majeure may not be as “unforeseen” as in the past, and knowing in advance how your project will handle the fallout will set expectations and help smooth tough project challenges before they happen.
The Design-Build Institute of America (DBIA) is a membership organization founded in 1993 to advocate and advance single source project delivery within the design and construction community.
