When Your Construction Project Is Delayed Outside of Your Control: Understanding Force Majeure Clauses

Construction projects rarely go exactly as planned. Unexpected delays—such as hurricanes, supply chain disruptions, or government shutdowns—can throw timelines off track. When delays happen outside of your control, what legal protections do you have?

This is where force majeure clauses come into play. These clauses, found in many construction contracts, can protect contractors, subcontractors, and developers from liability when unforeseen events prevent them from meeting deadlines. However, not all force majeure clauses are created equal, and understanding how they work is key to protecting your business.

What Is a Force Majeure Clause in a Construction Contract?

A force majeure clause is a contract provision that relieves a party from liability if they are unable to fulfill their obligations due to extraordinary, unforeseen circumstances beyond their control. These clauses typically cover:

• Natural disasters (hurricanes, earthquakes, floods)
• Government actions (shutdowns, new regulations, permit delays)
• Wars, riots, or civil disturbances
• Labor strikes or supply chain disruptions
• Pandemics and public health emergencies

In construction contracts, a well-drafted force majeure clause can determine who bears the financial and scheduling risks when these events occur.

Can You Extend the Construction Timeline Due to a Force Majeure Event?

Yes, but it depends on the specific language in your contract. Not all delays qualify as force majeure events. Courts tend to interpret these clauses narrowly, meaning the event must be explicitly listed in the contract or be unforeseeable and unavoidable.

To successfully claim a force majeure delay, you typically must:

1. Prove the Event Was Beyond Your Control: The delay must result from an unexpected and unavoidable event, not poor planning or financial issues
2. Show You Took Reasonable Steps to Mitigate the Impact: If alternative solutions were available to keep the project on schedule, a force majeure claim may be denied
3. Follow the Contract’s Notification Requirements: Many contracts require parties to provide written notice within a specific timeframe after a force majeure event occurs

Does a Force Majeure Clause Allow for Compensation or Just an Extension?

This depends on how the contract is drafted. Generally, force majeure clauses only allow for a time extension, not financial compensation. That means you may get extra time to complete the project, but you might not recover additional costs incurred due to the delay.

However, in some cases, contracts allow for cost-sharing provisions if force majeure events result in significant financial burdens. If your contract is silent on compensation, expect that only a schedule adjustment will be granted.

What If Your Contract Doesn’t Have a Force Majeure Clause?

If your contract does not include a force majeure clause, you may still have legal options:

• The Doctrine of Impossibility: If fulfilling the contract becomes truly impossible (not just inconvenient or expensive), the contract may be voided
• The Doctrine of Frustration of Purpose: If an unforeseen event completely undermines the contract’s purpose, courts may excuse performance
• State-Specific Laws: Some jurisdictions have statutes that address project delays due to extraordinary circumstances

Because contract interpretation varies by state, it’s crucial to consult an attorney who understands construction law in Florida.

How to Strengthen Your Force Majeure Clause Before a Delay Happens

If you’re entering into a new construction contract or renegotiating terms, a well-drafted force majeure clause is essential. Here’s what you should consider:

• Be Specific: List potential force majeure events clearly to avoid disputes. The more detailed, the better
• Include Notification Requirements: Define how and when notice must be given if a force majeure event occurs
• Address Cost Implications: Clarify whether a force majeure event grants additional time only or financial relief as well
• Require Mitigation Efforts: Ensure all parties must attempt to minimize the delay’s impact

What to Do If a Construction Delay Is Affecting You Right Now

If your construction project is delayed due to a force majeure event, here’s what you should do:

• Review Your Contract: Check if your contract includes a force majeure clause and what events it covers
• Document Everything: Keep records of communications, weather reports, government orders, or anything else proving the delay was beyond your control
• Notify the Other Party in Writing: Follow the contract’s notification procedure, usually within a specified timeframe
• Seek Legal Advice: If a dispute arises over whether a delay qualifies as force majeure, consulting a construction litigation attorney is your best course of action

Need Legal Help With a Construction Delay?

Delays in construction can be costly, and whether you’re a contractor, developer, or property owner, knowing your rights is crucial. At Ayala Law PA, we specialize in construction litigation and contract disputes.

If a force majeure event has impacted your project, contact an experienced attorney in Miami at 305-570-2208.

You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.