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. It’s essentially a contractual escape valve for situations nobody could prevent or predict.

Unlike common law doctrines of impossibility or frustration of purpose, 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 clauses were boilerplate that nobody negotiated. After COVID, they became one of the most heavily scrutinized provisions in any contract.

Key changes: pandemics are now explicitly listed as trigger events (previously, many clauses only covered "acts of God" and natural disasters). Government orders and shutdowns are specifically included. Supply chain disruptions have been added. And courts have established that "foreseeable" events (like future pandemics) may not qualify — meaning you can’t invoke force majeure for COVID-related disruptions in contracts signed after 2020 unless the clause specifically accounts for it.

What courts actually enforce

Courts interpret force majeure clauses narrowly. They generally require: the event must be specifically listed or clearly covered by the clause’s language, the event must actually prevent (not just make difficult or more expensive) performance, the affected party must have made reasonable efforts to mitigate, and the affected party must have provided timely notice.

The phrase "including but not limited to" before a list of events helps, but is not a guarantee. Some courts have ruled that catch-all language only covers events of the same type as those listed.

What to include in 2026

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

It should also specify: a notification requirement (within 5 business days), a duty to mitigate, a right to terminate if the event exceeds 60–90 days, and allocation of costs during the force majeure period.

For international contracts, add: currency controls, import/export restrictions, political instability, and nationalization.