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Do tariffs count as force majeure in construction contracts?
As global trade policies continue to shift, most notably under the Trump administration’s imposition of tariffs, construction projects have begun to face increasing uncertainty over contract performance. One novel legal question relevant to the issue is whether new or increased tariffs can be classified as force majeure events, thereby excusing delays or nonperformance in construction contracts. Force majeure, after all, was one of a number of topics noted in our recent article on how construction contracts could be re-designed for tariff uncertainty. Force majeure clauses, commonly found in commercial agreements, are intended to relieve parties from contractual obligations when extraordinary and unforeseeable events, such as natural disasters, war, or government embargoes, make performance impossible or impracticable. However, these clauses are narrowly interpreted by courts, and their applicability often hinges on the specific language used in each contract.  Related on Archinect:...
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