Force Majeure Clauses After COVID: What Changed and What to Include

What force majeure means

Force majeure (French for "superior force") is a contract clause that excuses performance when extraordinary events beyond either party’s control prevent it.

Unlike common law doctrines of impossibility, force majeure is purely contractual — it only applies if it’s written into the agreement. If your contract doesn’t have one, you have no force majeure protection.

What COVID changed

Before COVID, force majeure was boilerplate nobody negotiated. After COVID, it became one of the most scrutinized provisions in any contract.

Key changes: pandemics are now explicitly listed. Government orders and shutdowns are included. Supply chain disruptions have been added. And courts have established that "foreseeable" events may not qualify — meaning future pandemics may not be covered in post-2020 contracts unless specifically addressed.

What courts actually enforce

Courts interpret force majeure narrowly. They generally require: the event must be specifically listed or clearly covered, the event must actually prevent (not just make difficult) performance, the affected party must have mitigated, and timely notice must have been given.

What to include in 2026

A modern force majeure clause should list: natural disasters, pandemics, government orders, sanctions, war, terrorism, labor disputes, utility failures, supply chain disruptions, and cyberattacks.

Specify: notification within 5 business days, duty to mitigate, right to terminate if the event exceeds 60–90 days, and cost allocation during the event.