Facing a Force Majeure Dispute? Get Clear Answers on Your Contract

Force Majeure Clause Dispute Attorney in Florida

A force majeure clause lets a party delay or excuse contract duties when a defined event outside its control blocks performance. Whether that protection applies turns on the clause’s exact words, the event, and the notice the contract requires. KEW Legal helps Florida business owners and investors review these clauses from its Coral Gables and Sunny Isles Beach offices.

What a Force Majeure Clause Does and Who This Page Is For

A force majeure clause is a contract term that excuses or suspends performance when a defined event beyond the parties’ control prevents it. The phrase is French for “superior force.”

This page is for suppliers, customers, landlords, tenants, and project parties in South Florida who are sending or receiving a force majeure notice. It also helps owners who want to know how the clause would work before a problem starts.

The clause’s power comes from its exact wording, so the full contract controls the analysis. Amendments, side letters, and emails about the event matter too.

KEW Legal acts as outside general counsel for business owners and investors across Miami-Dade and South Florida. Contract disputes are one part of that work, alongside partnership, vendor, lease, employment, and sale matters.

Which Events Qualify: Reading the Clause Word by Word

A qualifying event is one the contract names or one that fits the clause’s general wording.

Many clauses list events such as:

• Hurricanes, floods, and other natural disasters
• Fire, war, and terrorism
• Strikes
• Government orders and permit suspensions
• Epidemics and public health orders
• Supplier or transport failures

A named list is narrow. A catch-all phrase such as “other causes beyond reasonable control” is broader and invites argument. Each side reads it to fit its own position.

The word “foreseeable” causes many disputes. If a risk was known at signing, or was already building, the other side will argue the event does not qualify. The dates matter, so track when the event first appeared.

Causation matters too. Many clauses are read to require that the event actually prevent performance. Higher costs or lower profit may not be enough unless the clause says so.

Notice and Procedure: The Requirements That Often Decide the Dispute

Many force majeure clauses require written notice within a set number of days after the event starts. A late or incomplete notice can put the clause’s protection at risk, so the notice deadline often matters most.

A typical notice identifies:

• The event and the date it began
• The obligations it affects
• How long the delay is expected to last
• The steps taken to reduce the impact

Many clauses also require reasonable efforts to resume performance. The notice should show what was done, such as finding an alternate supplier or rerouting a shipment.

Keep records. Save dated emails, texts, supplier messages, photos, delivery logs, and official government notices. A dispute often turns on whether those records match the timeline in the notice.

Whether a notice was timely and complete depends on the facts and the contract’s exact terms.

When Force Majeure Does Not Apply

A force majeure clause usually does not help when the event did not actually prevent performance, the contract excludes the event, or the required notice was late or missing.

• Harder or more expensive performance is not always excused. Check the clause for cost language.
• Other defenses, such as impossibility, impracticability, and frustration of purpose, are separate ideas. Whether they can be used alongside a clause turns on the contract’s wording.
• A party that had other ways to perform may not qualify.

Informal promises matter too. A casual email saying “take your time” can carry weight, so keep those messages.

Delay can also cost rights. That is a general rule, not an automatic result.

How a Force Majeure Dispute Is Handled With KEW Legal

A typical matter moves from document review to a written response plan, then to negotiation, and to formal proceedings only if needed.

1. Intake. We review the contract, amendments, notices, and a timeline of the event, in confidence.
2. Clause analysis. We map the defined events, notice deadlines, mitigation duties, termination rights, and any dispute clause.
3. Response. We draft or review the notice, the reply to a counterparty’s notice, or a demand letter, consistent with the contract’s deadlines.
4. Negotiation. We seek a suspension, a new schedule, a price change, or exit terms, all put in writing.
5. Formal proceedings. When needed, we pursue litigation or the process the contract requires. The forum sets the timing.

Dispute clauses matter. Under Fla. Stat. § 682.02, an agreement to arbitrate in a record is valid, enforceable, and irrevocable, except on grounds that exist to revoke any contract.

Results turn on the contract language, the evidence, and the forum. No result can be promised before the documents are reviewed.

Why Businesses Work With KEW Legal on Contract Disputes

KEW Legal focuses on business law for owners and investors. The firm has offices in Coral Gables and Sunny Isles Beach and serves Miami-Dade, Broward, and nearby South Florida.

Outside general counsel means ongoing access, not only one filing. Clients can bring in contract review, vendor disputes, lease questions, and employment issues as they arise. A force majeure event often touches several of these areas at once. A supply delay can affect a lease, a vendor agreement, and staffing.

Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also one of the firm’s lawyers. The firm’s support staff handle intake and document coordination, so records stay organized as a matter moves.

Related areas include business contract and vendor disputes, commercial leases, partnership disputes, and commercial eviction. A force majeure claim can arise in each one.

Common Questions About Force Majeure Disputes in Florida

Talk Through Your Force Majeure Notice Before the Deadline

Picture a supplier that cancelled a shipment and cited a storm or a government order. Or picture a customer that sent a notice saying it cannot perform, with a reply window already running. In either case, the clock can matter as much as the clause.

Bring the contract, any amendments, the notice you received or sent, and dated correspondence. Call 305-990-2300 or send us a message, and Kristina E. Wilson can review the contract and timeline with you.