You probably don’t give much thought to the force majeure clause when reviewing a contract. It usually sits buried near the end, full of legal terms that most people skip. That is, until something goes wrong.
Maybe a supplier fails to deliver after a flood. Or a cyberattack locks down your systems overnight. Suddenly, that small clause becomes a big deal.
In 2025, force majeure is still relevant, but only if it’s written clearly and matches the risks your business actually faces. If it hasn’t been updated in years, now is the time to fix it.
Understand how courts see force majeure now
After a flood of claims during the pandemic, courts have become more cautious about enforcing force majeure clauses. Vague references like “acts of God” or “government actions” aren’t enough to excuse performance.
What does work is a clause that clearly lists the types of events that could disrupt your business. Without that, courts are more likely to say your obligations still stand.
Make your clause match your real risks
Generic language won’t cut it anymore. The best protection comes from tailoring the clause to your specific operations and industry. Below are examples of events that businesses now commonly include:
- Natural disasters like wildfires or hurricanes
- Cyberattacks or data breaches
- Government restrictions or sanctions
- Major utility outages
- Labor shortages or strikes
These examples aren’t just legal buzzwords. They reflect the kinds of disruptions many businesses have actually faced in recent years. The more specific you are, the more protection you have.
Don’t forget about notice and obligations
A well-written clause should also answer key questions. How quickly must you notify the other party? Are you required to try to find a workaround? Does the delay apply to payment or just services?
Missing these details can make a force majeure clause useless when you need it most.
What this means for your contracts
Force majeure still matters, as long as it’s not treated like a mere template. Update your contracts with clear language that reflects real-world risks your business faces. A few extra lines now can save a lot of stress later.
If you’re unsure whether your current contracts offer enough protection, it may be time to speak with a business attorney. Legal advice can help you identify gaps, draft stronger terms and make sure you’re ready when the unexpected happens.