Predictably Unpredictable: Considerations & Lessons Learned Regarding Force Majeure

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.