Force Majeure Clause

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Hey everybody! Attorney Darlene Harris back again today and I’m talking to entrepreneurs and business owners. As we all know, yesterday was the first of the month and it was also April Fool’s Day. I hope nobody got any crazy pranks played on them or jokes because this last month has been a big April fool’s joke — this has been enough.

And so, yesterday was the 1st. A lot of people have questions about payments and services and what they’re required to provide during this time. The one place I would look in your contract (and hopefully you have a contract, right?) the one place I would look in your contract is your force majeure clause. A fore majeure clause is a clause in the contract that literally deals with times like these. It deals with an unforeseeable circumstance or an act of God. Now, the contract may lay out examples of what they think an unforeseeable circumstance is or what an “act of God” is. What that clause does is it allows delay of payments, it allows delay of services, it restructures the agreement in case of an act of God or unforeseeable circumstance and it tells you what the guidelines are and what room, or wiggle room, you have in your contract. So again, look at your force majeure clause in the contract that you have (hopefully that you have) and see what that says about an unforeseeable circumstance and whether or not you can delay, terminate, change payment.

If you don’t have a contract and you still have questions about what you’re required to do or if you have a contract and it doesn’t specifically address that or you still have questions or concerns about what you still have to do, we are still doing discounted consultations during this time. I want to be here to support you during this, so you can give me a call at 704-313-8509 or you can visit the website.