Force majeure in practice

Relying on a force majeure clause, and the notice that has to go with it.

What it means

This is the practical half of force majeure: what to do when you want to invoke one.

Why it matters

Clauses almost always require notice within a defined period, and failure to give it in time can defeat the claim entirely regardless of the event.

What it looks like in practice

Check three things immediately: is the event within the listed causes, does the clause require prevention or only hindrance, and what notice is required and by when.\n\nThere is usually a duty to mitigate and to keep the other side informed.

What to watch out for

Serving notice before taking advice. The wording of the notice matters, and a defective one can be worse than none.\n\nInability to pay is excluded by almost every clause.

Where to get proper advice

A commercial solicitor, before serving notice.