Adapting to Unforeseen Challenges: Changes in Force Majeure Clauses in State DOTs over a span of Five Years

Force majeure clauses are contractual provisions that excuse parties from performing their obligations under certain circumstances beyond their control. The rising frequency of unforeseen events, such as pandemics, global supply chain disruptions, and natural disasters, has highlighted the importance of the force majeure clause. The overarching goal of this study is to identify the event types that can trigger force majeure clauses and changes in contract languages in state departments of transportation (DOTs) over a span of five years. This study conducts a comparative content analysis of state DOT construction contract documents, including requests for proposals and agreements. The findings indicate that many DOTs include force majeure clauses in their contract documents. The study identifies 26 event types that can trigger force majeure clauses grouped into 8 categories in the past five years. This study contributes to enhancing the state of practice on force majeure clauses in public construction contracts. Furthermore, the findings on changes in contract languages are anticipated to benefit practitioners, especially those in the transportation infrastructure industry in the U.S., by providing the significance and implications of the force majeure clauses.