I was referred to Robert by Ruge Law Group when they were actually KRG Law Group. They handled a car accident I was involved in. This was a business debt collection levied against our company by an employee’s debt collector. He and his colleagues handled it flawlessly. He and his staff are beyond impressive and do everything they can to take the cases brought before them. I came back to them with a very big case. I don’t want to dox anyone in the office other than the name on the business. However, they handled it in the most professional, respectful, and caring way possible. J, you did an amazing job and due diligence! Robert, I wanted to personally thank you for representing us in the past and in the future. You and your paralegals are above Top Shelf. This firm is straight Louis XIII.
The Role of “Force Majeure” Clauses in Current Contract Disputes
In today’s business environment, disruptions can arise unexpectedly, leaving parties unable to fulfill contractual obligations. A force majeure clause provides legal protection when unforeseen events make performance impossible or impractical. At Robert Eckard & Associates, we represent clients across Florida and Texas in contract disputes where force majeure provisions determine whether obligations are excused or enforced.
A well-drafted force majeure clause identifies specific events such as natural disasters, pandemics, or government restrictions that release one or both parties from liability. Without this protection, businesses risk financial exposure for circumstances entirely beyond their control.
If you’re involved in a contract dispute involving delays or performance issues, contact us early to preserve your rights and assess your legal options.
Understanding How Force Majeure Works
Force majeure is not automatically implied under Florida law; it must be clearly stated in the contract. Courts interpret these clauses narrowly and determine whether the event in question fits the contract’s terms. In Home Devco / Tivoli Isles LLC v. Silver, 26 So. 3d 718 (Fla. 4th DCA 2010), the court explained in its official opinion from the Florida Courts that a force majeure clause is limited in scope and cannot be treated as an unrestricted opt-out provision.
This decision highlights why contract language must be precise. Terms should list specific triggering events, outline notice requirements, and address what happens upon resumption of performance. Working with our business litigation attorney can help draft clauses that reflect your business operations and meet legal standards.
You can explore more about our business litigation services to see how we help companies handle disputes effectively.
How Force Majeure Applies in Modern Contract Disputes
Events such as the COVID-19 pandemic tested how force majeure clauses operate in modern business contracts. Many companies invoked these provisions to excuse delays caused by government restrictions or supply chain interruptions. Courts in Florida now frequently evaluate whether such events truly made performance impossible or merely more difficult.
Economic hardship alone does not qualify as force majeure unless the contract expressly includes it. The event must directly prevent performance, not simply reduce profits or increase costs. Businesses that acted quickly to notify their counterparties and document the impact of disruptions often fared better in court.
At Robert Eckard & Associates, our attorneys assess contract language, analyze the causes of nonperformance, and develop strategies to protect client interests. This approach is especially valuable in cross-border disputes involving international law, where differing legal standards may affect enforcement.
If you’re facing performance disputes caused by unexpected events, reach out to our commercial litigation attorney for an in-depth review of your case.
Lessons from Recent Case Results
Florida courts consistently stress that clarity and prompt notice are crucial when invoking a force majeure defense. A party must notify the other side as soon as it becomes aware of an event that prevents performance; otherwise, even a valid claim may be dismissed.
At Robert Eckard & Associates, our case results show how proactive representation influences outcomes in contract-related litigation. Our attorneys have effectively represented both plaintiffs and defendants in supplier, construction, and service contract disputes. When conflicts arise, our breach of contract lawyer works to enforce agreements or defend against nonperformance claims, protecting our clients’ business and financial interests.
Steps to Strengthen Your Contracts Going Forward
To avoid future disputes, businesses should reassess their existing contracts and revise force majeure provisions to reflect modern realities. This includes specifying events such as pandemics, cyberattacks, or government-imposed shutdowns, which have become increasingly relevant. Additionally, contracts should consist of a straightforward process for notifying the other party, documenting the event’s impact, and determining when obligations will resume.
Our attorneys regularly assist businesses in drafting new agreements or revising existing ones to ensure compliance with Florida law. For those who manage cross-state or international operations, reviewing your contracts with legal counsel can prevent costly misunderstandings. Visit our business transactions page to learn how our firm structures agreements that anticipate potential disruptions and reduce risk exposure.
If you believe a current dispute may involve a force majeure claim, we recommend reaching out to our firm’s attorneys to evaluate your legal options.
Building Stronger Contract Strategies for the Future
Force majeure clauses serve as a crucial safety mechanism in business contracts, yet their interpretation depends heavily on precise drafting and timely execution. As courts continue to address disputes arising from unforeseen events, businesses must ensure their agreements account for new risks and comply with Florida’s legal standards.
At Robert Eckard & Associates, we help clients understand and enforce their contractual rights while minimizing litigation exposure. Whether you’re facing a dispute or planning to strengthen your future agreements, our firm provides the insight and representation needed to protect your business interests. To learn how we can assist, contact us today.