After months of unusually heavy rainfall from California's atmospheric rivers in the beginning of 2024, many projects found themselves facing delays, additional costs and setbacks due to the wet weather. In determining who is responsible for those delays, costs or setbacks, the first thing to look for in a contract are provisions on Force Majeure. Some parties may be surprised by what their contract says on Force Majeure and what risk they assumed for bad weather.
In Nossaman's California Water Views – 2024 Outlook, we take a look at some different ways to define Force Majeure and consider how those provisions might apply for wet weather events. With climate change increasing the severity of weather events each year, knowing what risks you're assuming is more important than ever.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.