News & Analysis as of

Contract Disputes Force Majeure Clause

Seyfarth Shaw LLP

Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era

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In light of recent disputes, international construction firms are rethinking how they draft force majeure and price escalation provisions to better address tariff-induced cost increases. While traditional force majeure...more

Cranfill Sumner LLP

The Tariff Matrix Reloaded

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In April 2025, our International Business Law and Administrative, Regulatory and Government Law practice groups wrote about Which Trade Pill to Swallow: The Red Pill or Blue Pill? In the past few months, several more tariff...more

Stoel Rives LLP

Understanding Contractual Remedies and Principles in Uncertain Times

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Since the Oval Office transition in January – and the rapid shifts in law, policy, and economic uncertainty that followed – my colleagues and I frequently field a variation of the same question: Is this a force majeure under...more

Blake, Cassels & Graydon LLP

Key Clauses in Construction Contracts: Practical Guidance for Project Success

As the legal and commercial landscape around construction projects continues to evolve, so must the contracts that govern these projects. In recent years, courts and contracting parties have emphasized how agreements allocate...more

Morgan Lewis - Tech & Sourcing

Is Your Force Majeure Clause Tariff-ic?

Given the rapid, sweeping, and unpredictable changes in the tariff landscape, we return to the force majeure clause, a now-recurring theme following the COVID-19 pandemic and cyberattacks. Although, like many force majeure...more

DLA Piper

Contracting for Turbulent Times

DLA Piper on

It's fair to say that recent years have been challenging for business. Numerous disruptive events have put pressure on global supply chains. And the nature of these events has been unpredictable and varied. The COVID-19...more

K&L Gates LLP

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

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These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more

Morgan Lewis - Tech & Sourcing

Contracting for Technology and Services in an Uncertain Landscape: Part One

Chicago recently experienced its first dust storm since 1934, resulting in low to zero visibility in some parts of the city. Outsourcing and technology deals are increasingly done in “dust storm-like” conditions, with low to...more

A&O Shearman

Tales of the unexpected

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A colleague told me about a conference at UCL on contract law and the unexpected saying, “Looks like a nice day out Jason”. When I was emailed 12 hefty draft papers by way of pre-reading, I realised it was a rather...more

Gray Reed

Uri Force Majeure Cases Still Percolating

Gray Reed on

Thought you’d heard the last of force majuere cases arising from Winter Storm Uri? Think again. In Marathon Oil Company v. Koch Services LLC. the question was how to measure damages suffered by Koch for Marathon’s...more

Seyfarth Shaw LLP

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

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Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs...more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

Hanson Bridgett on

Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Morrison & Foerster LLP

Navigating New U.S. Tariffs: Questions to Consider

The current worldwide focus on tariffs, paired with reciprocal tariffs from various affected states, is likely to have significant impact on the costs of cross-border trade. Businesses focused on importing and exporting goods...more

Farrell Fritz, P.C.

Impact of Recent U.S. Tariffs on Material Adverse Change and Force Majeure Clauses

Farrell Fritz, P.C. on

The recent imposition of tariffs by the U.S. government has introduced significant complexities in contractual performance and risk allocation. It is important to assess how these tariffs may influence material adverse change...more

Seyfarth Shaw LLP

Allocating the Risk of Tariff Price Increases

Seyfarth Shaw LLP on

As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting...more

Kerr Russell

Tariffs and Contract Performance: Can Tariffs be a Force Majeure Event?

Kerr Russell on

Following the previous imposition of significant tariffs on imports from Canada and Mexico, President Donald J. Trump announced on April 2, 2025 additional tariffs of varying amounts covering virtually all goods imported into...more

A&O Shearman

Tariffs and force majeure

A&O Shearman on

We are starting to hear reports of businesses declaring the Trump Administration's Executive Order on tariffs to be a force majeure event under their contracts. Most of us now have rather more experience than we'd like to of...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

McGinnis Lochridge on

Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Cimplifi

Unlocking the Value of Your Contract Data

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By effectively extracting data from contracts, organizations can gain valuable insights into their legal and financial obligations, opportunities for negotiation, and areas of risk, thereby making informed decisions that...more

Mayer Brown

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

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In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more

A&O Shearman

Unsanctioned Payments: Overcoming Force Majeure Through Non-Contractual Performance

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In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more

Mayer Brown

Contract Disputes Arising from the Ukraine Conflict: Issues, Defenses and Lessons for the Future

Mayer Brown on

The ongoing conflict in Ukraine has had a significant impact on commercial activity for many organizations on a local and international scale. Organizations with commercial operations in the region (both Ukraine and Russia)...more

Epstein Becker & Green

Mission (Im)possible: Recent Cases Hold that Pandemic-Related Disruptions Do Not Relieve Contractual Performance

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Due to the large-scale shutdowns triggered by the Coronavirus pandemic (“COVID-19”), many businesses were unable to operate fully, or not at all. Litigants across the country have sought to be relieved of their obligations...more

Walkers

Can sanctions on Russia provide a defence for non-performance under Cayman Islands law contracts?

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The Insolvency and Dispute Resolution team at Walkers in Dubai continue to advise on the impact of the recent sanctions imposed on Russia in an offshore context, including whether such sanctions can give rise to a defence for...more

Kilpatrick

Force Majeure Revisited

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Recorded at the beginning of the pandemic in 2020, Kilpatrick Townsend Partner Thomas G. Allen discusses the elements of force majeure as seen through the lens of successfully representing a client in a nine-figure force...more

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