Why Force Majeure Clauses Must Be Updated Post-Pandemic

Contracts Aren’t Ready for the Next Global Crisis — Yet

When COVID-19 shut down supply chains, grounded flights, and forced businesses to close their doors overnight, many turned to one clause in their contracts with hope: force majeure.

For some, it worked. For many others, it didn’t.

Clients asked: “Is a pandemic covered?”
Suppliers argued: “This is beyond our control.”
Buyers insisted: “Your obligations still stand.”

It quickly became clear that many force majeure clauses were outdated, vague, or simply not designed for the kind of disruptions we now know are possible.

In the post-pandemic world, businesses cannot afford to treat these clauses as boilerplate. Force Majeure Clauses Must Be Updated Post-Pandemic to be effective, precise, and tailored to the real risks of today.

What Most People Get Wrong About Force Majeure

The common misconception about force majeure clauses is this:

“If something big and unexpected happens, the clause will protect us.”

In reality, that’s rarely how it plays out.

Before the pandemic, many contracts used generic language: “Acts of God, war, riots, natural disasters, or other events beyond the parties’ reasonable control.” It sounded broad. But when push came to shove, courts often interpreted it narrowly — especially if specific events (like pandemics or government shutdowns) weren’t named.

Many businesses learned the hard way that:

• Not all disruptions qualify as force majeure

• Economic hardship is not the same as impossibility

• Government regulations must directly prevent performance — not just make it harder

• Notice requirements are strict, and delays in notification can void protection

In short: force majeure was treated like a safety net, but it wasn’t built to hold the weight of a global crisis. This is why Force Majeure Clauses Must Be Updated Post-Pandemic — they need to be designed to handle today’s unique disruptions.

The Legal Case for Updating Force Majeure Clauses

From a legal standpoint, the pandemic revealed three critical gaps in how force majeure clauses are drafted. Force Majeure Clauses Must Be Updated Post-Pandemic to close these gaps:

1. They’re too vague
   Clauses that simply reference “events beyond control” are not enough. Post-pandemic, courts are demanding specificity. The inclusion (or exclusion) of terms like “epidemic,” “pandemic,” or “government-imposed lockdown” can make or break a claim. Force Majeure Clauses Must Be Updated Post-Pandemic to reflect these realities.

2. They don’t define what’s excused — and what isn’t
   It’s not just about listing events. It’s about defining the legal impact. Does force majeure allow for:

   • Suspension of obligations?

   • Full termination?

   • Time extensions only?

   Many clauses are silent on this — leaving parties to argue their way through uncertainty. To prevent this, Force Majeure Clauses Must Be Updated Post-Pandemic to clarify these terms.

3. They lack a practical response framework
   Even if a clause is triggered, what happens next? Businesses need force majeure provisions that go beyond theory:

   • How quickly must notice be given?

   • What documentation is required?

   • Is mitigation expected — and how is it measured?

   In a post-pandemic world, the real value of a force majeure clause isn’t just legal — it’s operational. Force Majeure Clauses Must Be Updated Post-Pandemic to reflect operational realities.

Real-World Example: When Force Majeure Failed to Deliver

One of our clients, a logistics startup, had a long-term services agreement with a regional distributor. When border closures hit during the early COVID-19 lockdowns, shipments couldn’t be made.

They assumed the force majeure clause would excuse their delay. But the clause didn’t mention “pandemic” or “public health emergencies.” It required notice within five days of the triggering event. And it only allowed for suspension — not cancellation — of obligations.

The distributor terminated the contract, citing breach. Our client tried to enforce the clause, but the arbitrator sided with the distributor.

The result?

• Lost revenue
• Legal costs
• Reputation damage with customers downstream

It wasn’t a case of bad planning — it was a case of a clause written for a different era. This is exactly why Force Majeure Clauses Must Be Updated Post-Pandemic.

“But We Can’t Prepare for Every Disaster…” (Counterpoint)

That’s true. No contract can anticipate every risk. But the point of a force majeure clause isn’t to predict the future — it’s to define how parties will respond when the unexpected happens.

Here’s how to make them more effective:

• Be specific
  Include examples relevant to your industry and geography: pandemic, cyberattack, civil unrest, data breach, utility shutdown, or travel bans.
• Define the consequences
  Spell out whether obligations are suspended, terminated, or delayed. Set timeframes. Include triggers for renegotiation or fallback terms.
• Address notice and documentation
  Include who must be notified, how, and within what timeframe. Require supporting evidence — such as government orders, shipping delays, or medical reports.
• Consider partial performance
  In some cases, a party may still be able to fulfill part of their obligations. Address how partial performance is handled (e.g., reduced payments or deliverables).

Force Majeure Clauses Must Be Updated Post-Pandemic to be comprehensive and adaptable to evolving situations.

What This Means for Founders, Consultants, and Legal Teams

Whether you’re drafting new agreements or reviewing old ones, this is no longer a “nice to have.” Force Majeure Clauses Must Be Updated Post-Pandemic to reflect the risks we face today, making it a business imperative.

Here’s what I recommend:

• Audit your top 10 contracts — Check if the force majeure clauses are specific, clear, and updated for modern risks. Force Majeure Clauses Must Be Updated Post-Pandemic to handle scenarios like pandemics, natural disasters, and political unrest.
• Customize clauses by sector — A clause in a logistics contract should look different than one in a SaaS license or construction project.
• Embed clauses into your risk planning — Don’t just rely on them in emergencies. Use them to set expectations from the start.

This isn’t about fear. It’s about resilience. Force Majeure Clauses Must Be Updated Post-Pandemic to safeguard your business against future disruptions.

Final Thoughts: Prepare for the Next Disruption Now

Force Majeure Clauses Must Be Updated Post-Pandemic — they were once seen as boilerplate, legal filler at the end of a contract. But not anymore.

In a world of climate change, political volatility, global pandemics, and cybersecurity threats, these clauses are frontline tools for business continuity. If your contracts still treat them as afterthoughts, you’re not protecting your business — you’re gambling with it.

Need help reviewing or updating your force majeure clauses across contracts?
Book a strategy session. We’ll future-proof your agreements so you’re ready — whatever happens next.