How do I claim force majeure?

Do I need to notify the other party, show proof, or follow a certain process to rely on a force majeure clause?

Answer

To claim force majeure, you generally follow the steps outlined in your contract's force majeure clause. Most contracts require written notice — often called a Force Majeure Notice — sent to the other party as soon as possible.

That notice should include:

What unexpected event occurred (for example, a flood, fire, or pandemic).
How that event prevents you from fulfilling your contractual obligations.
Key contract details (like the date it was signed).
What you're asking for — such as more time to perform or cancellation without penalty.

Courts also typically expect the party claiming force majeure to show that they took reasonable steps to avoid or reduce the impact of the event before relying on the clause. Including a brief explanation of these efforts in your notice can help support your claim.

For instance, if you planned an outdoor concert and a wildfire made the venue unsafe, your notice could explain what happened, why you can't proceed, and request to reschedule or terminate the deal.

Avoid stopping performance without notice — doing so could be considered a breach of contract. Even if your clause doesn't fit perfectly, or you don't have one at all, sending a clear written explanation and proposing a solution is often a smart move.

What to consider in your specific situation

While these steps apply broadly, your own situation may vary depending on several factors.

The wording of your specific force majeure clause.
The type of contract or business agreement involved.
Local or state laws affecting contract enforcement.
Timing of the event and prior communications.
The severity of the event's impact on your business.

Since every situation is unique, you can use Rocket Copilot to get legal information about force majeure notices, or connect with a Legal Pro to learn more.

Explore more about termination and term-related clauses

Explore more questions about force majeure

Force majeure clauses explain what happens if unexpected events—like natural disasters, strikes, or emergencies—prevent one or both parties from fulfilling the contract. These questions focus on when force majeure applies and whether it can excuse performance or payment.