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Force Majeure, Impracticability, and Frustration

·

By

ACL

The short answer

A force majeure clause can excuse or delay performance when listed events, such as natural disasters or government orders, prevent it. Without a clause, legal doctrines like impracticability and frustration of purpose offer narrow relief.

Where it fits in your case

When a supply disruption, government action, or other event interferes with performance.

What to expect

  • Clause language controls, including listed events, causation, and notice requirements.

  • Cost increases alone rarely excuse a fixed-price contract.

  • Subcontractor failures usually do not excuse the prime contractor.

  • Impossibility and frustration apply only when performance is truly impossible or the deal’s purpose is destroyed.

What we need from you

The contract, evidence of the event and its effect, and any notices sent.

Common misconceptions

  • “Any unexpected delay is force majeure.” Only covered events that actually caused the failure.

  • “Higher costs make it impossible.” Usually not, legally.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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