Template Customer Contract Language for Force Majeure

As individuals, businesses, and governments continue to take actions to mitigate or contain the worldwide impact of COVID-19, component manufacturers (CMs) ought to consider including language in their proposals/bids and customer contract forms giving them a potential out to avoid breach of contract liability if and when they are unable to make deliveries through no fault of their own, such as in the case of COVID-19 rendering their plant inoperable.

SBCA Legal Counsel Kent Pagel has drafted template contractual language that serves as a model for CMs to include in their proposals/bids and customer contracts, as a means to set out under what circumstances CMs as suppliers of building materials, can be excused for performance when unforeseen circumstances, beyond their control, prevent, delay or hinder that performance.

SBCA members can download this template language for free by clicking on the link below (requires a member login).

Download Template (Member Only)