CECM $671$: Homework Assignment #$2$

Edit and revise a proposed force majeure clause.

Directions: You are employed as the contract administrator for a general contractor. You have been given a contract that was submitted by one of your subcontractors. Your boss has asked you to redline the clause below and give comments and$/$or suggestions on how it should be revised.

Do not simply delete the entire clause and replace it with another. I want you to incorporate what is already provided in some fashion. As such, you can delete, add or change any of the terms below to create a force majeure clause that would be seen as fair and appropriate. Please make sure I can easily see what changes you have made. Thank you.

Subcontractor is not liable for failure to perform its obligations if such failure is a result of anything outside of its control $($including$,$ but not limited to$,$ Acts of God, abnormal weather conditions, war, hostilities $($regardless of whether war is declared$),$ protests, labor dispute, strike, lockout, increased fuel or overhead costs, unavailability of materials, unstable business relationships, broken or malfunctioning equipment, insufficient transportation, unforeseen market conditions or interruption or failure of electricity or telephone service$).$ Subcontractor may make a force majeure claim at any time during or after the project. General contractor is not entitled to terminate this Agreement in such circumstances, must fully compensate Subcontractor for all costs related to the event and provide a reciprocal time extension to the subcontract for each day the event$($s$)$ impacted the schedule.