When a Hurricane Delays Closing: Force Majeure for Tampa Bay Deals
Florida enforces force majeure only when your contract’s own language covers the event and you can show that event actually prevented the performance in question. Courts point to Florida appellate decisions and to Florida Statutes §§672.615 and 672.616 as the framework, and legal professionals in Tampa Bay address these questions. If a hurricane, government order, or supply disruption hits your deal, follow the clause’s notice steps, document the cause, and keep trying to perform where you can.
TL;DR:
- Florida law enforces force majeure only if the clause explicitly lists specific triggers like hurricanes or government orders and the event directly prevented performance.
- Vague catch-all provisions are interpreted narrowly, and events that were foreseeable at signing, such as supply issues, are less likely to be excused.
- Proper notice and documentation, including evidence tying the event to nonperformance, are crucial to maintaining a force majeure claim.
- The enforceability of the clause depends on clear causation, correct notice, and mitigation efforts, with failure in any step risking claim forfeiture.
- Under Florida law, the clause’s language controls, and statutory provisions serve as a backup only if a specific force majeure clause is absent or inadequate.
What force majeure means under Florida law
Force majeure is not a right the law hands you. It is a risk allocation you and the other party wrote into your contract, and Florida courts will only apply it where the contract text says so. If your agreement has no force majeure clause, you cannot invoke one, no matter how disruptive the event.
The wording matters enormously. A clause that lists specific triggers (hurricane, government shutdown, labor strike) gives a court something concrete to measure your claim against. A vague catch-all like “any event beyond the parties’ control” invites a narrower reading, because Florida judges tend to interpret ambiguous force majeure language against the party trying to use it.
Certain outcomes get excluded almost automatically:
- Inability to pay money is rarely covered, since courts view payment obligations as separate from the performance a disaster actually interrupted.
- Clauses with cure-by-payment language often let the other side sidestep a force majeure defense entirely.
- An event the parties could reasonably have foreseen when signing tends to weaken a force majeure claim, since foreseeability cuts against the idea that the event was truly outside the contract’s contemplation.
How Florida courts read and apply force majeure clauses
Florida’s appellate courts consistently apply a narrow construction principle: the clause must clearly identify the triggering event, and the party invoking it must show the event actually prevented the specific performance required, according to a 2022 Florida appellate opinion. A pandemic or hurricane being newsworthy does not automatically excuse a contract. The question is whether the contract named that category of event and whether nonperformance flowed directly from it.
That causation focus explains why some tenants and commercial parties win these arguments and others lose them. Courts have rejected force majeure defenses raised offensively, for instance where a lease did not make rent payment contingent on the business actually operating, so a government-ordered closure did not excuse the rent itself.
A few practical rules emerge from this pattern:
- Courts read the trigger list first and ask whether your event fits inside it, not whether the event was severe.
- Causation must be direct: general hardship or lost revenue rarely satisfies the standard.
- A missed or late notice under the clause can forfeit the defense entirely, regardless of how strong the underlying facts are.
These principles matter whether you are drafting a new contract or defending one already in dispute, a distinction we cover in more depth in our guide to Florida real estate contract law.
When UCC §672.615 and §672.616 apply to Florida sales contracts
For contracts governed by Florida’s Uniform Commercial Code, sellers of goods have a statutory backstop even without a force majeure clause. Florida Statutes §672.615 excuses a seller from delay or nondelivery when performance becomes impracticable because of a contingency the parties assumed would not occur, but the seller must allocate deliveries fairly among customers and give the buyer seasonable notice.
Florida Statutes §672.616 then governs what the buyer can do with that notice. The buyer may terminate the affected part of the contract or agree to modify it, but if the buyer fails to respond within a reasonable time, not exceeding 30 days, the contract lapses for the affected deliveries.
Where a written force majeure clause exists, it typically controls first. The UCC sections act as a statutory fallback for sale-of-goods contracts, filling gaps that a poorly drafted or absent clause leaves open.
How to invoke force majeure in Florida without losing the claim
Preserving a force majeure claim in Florida takes discipline, not just a good excuse. Follow these steps as soon as a qualifying event hits:
- Reread the clause’s notice provision and follow its timing and format exactly, including who must receive it and how.
- Send notice that identifies the specific triggering event and the specific performance it prevents, not a general statement of hardship.
- Gather contemporaneous evidence, such as government orders, weather reports, or supplier communications, that ties the event directly to your inability to perform.
- Document every mitigation effort you make, including alternative suppliers, partial performance, or schedule adjustments.
- Keep a running record of related costs and all communications with the other party.
- Bring in counsel early, before a dispute hardens, so notice language and evidence collection meet Florida’s causation standard from the start.
Pro Tip: Send your force majeure notice in writing even if the clause allows verbal notice; a dated paper trail is what wins the causation argument later.
Drafting a force majeure clause that holds up in Florida
The clauses that survive litigation share a structure. Start with specific, named triggers relevant to Florida, hurricanes, named government orders, and pandemics, and pair that list with a narrow catch-all rather than a broad one, since Florida courts read narrow catch-alls more generously.
Beyond the trigger list, an enforceable clause spells out:
- A clear causation standard, requiring the event to directly prevent the specific performance owed, not just make it harder.
- Notice requirements stating exactly how and when the affected party must notify the other side.
- Mitigation duties requiring the affected party to pursue reasonable alternatives before claiming excusal.
- A defined duration and termination period, so the contract does not stay suspended indefinitely.
- Explicit carve-outs for payment obligations, if the parties intend those to survive regardless of the triggering event.
A common negotiated compromise gives an automatic short extension, often measured in days, followed by a termination right if the disruption continues past a set threshold. That structure avoids the standoff where neither party can perform but neither can walk away either. Our agreement drafting services for Florida businesses build clauses around this exact framework.
Force majeure in FAR/BAR real estate contracts and closing deadlines
Florida’s standard FAR/BAR contract handles force majeure through its Section 18(G) mechanics, which most Tampa Bay closings rely on without either party realizing it until a storm hits. When a hurricane or similar event prevents closing, the contract may extend the deadline automatically for a set number of days, and if the disruption continues beyond a longer outer limit, either party may terminate.
Risk-of-loss provisions determine who bears damage to the property between contract signing and closing, and whether the buyer’s deposit is refundable if the delay or damage makes closing impossible. Buyers, sellers, agents, and lenders should confirm insurance coverage, title company availability, and lender processing timelines whenever a named storm approaches, since any one of those interruptions can trigger the extension clock. More details on deadline calculations can be found in the FAR/BAR contract checklist.
Legal professionals with experience in prosecution and insurance defense handle force majeure disputes from multiple perspectives. Located in Pinellas Park, they work with business owners and real estate professionals throughout St. Petersburg and Tampa Bay on contract review, clause drafting, and litigation when disputes escalate.
A typical approach begins with a fast review of the existing clause against the facts, followed by drafting enforceable language, assembling contemporaneous proof of causation, and negotiating short-term remedies like extensions before resorting to litigation.
Deciding between negotiation, invoking the clause, or litigation
Negotiate before you sign whenever possible, since a clear clause avoids the ambiguity that fuels most disputes later. When disruption looks likely but not certain, a short-term written amendment often beats waiting to invoke a clause that may not fit the facts.
Only invoke force majeure when you have solid documentation connecting the event to your specific nonperformance, and consider proposing a temporary modification before drawing a hard line. Litigation makes sense when your contract language and your proof both point strongly toward excusal, but it remains slow, fact-intensive, and expensive, so treat it as a last resort rather than a first move.
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How Oldham Law PLLC can help with your contract
If a storm, supply disruption, or government order is putting your Tampa Bay contract at risk, a quick clause review can tell you where you actually stand before you send any notice. We handle contract review and negotiation, real estate closing support, and disputes across Pinellas County and Tampa Bay, and we draft force majeure language built to survive a Florida court’s narrow reading.
Reach out to schedule a contract review with our real estate practice team before your next deadline arrives.
Primary sources for force majeure research in Florida
Before acting on a force majeure claim, review Florida Statutes §672.615 and §672.616, the 2022 Florida appellate opinion on narrow construction, and your specific FAR/BAR contract language. Primary sources control, so confirm current statutory text before relying on any summary, including this one.
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
Sources
FAQ
What qualifies as a force majeure event in Florida?
A force majeure event in Florida is whatever your contract specifically names as a trigger, such as a hurricane, government order, or labor strike, plus events reasonably covered by a narrowly worded catch-all. Florida courts require the event to be listed or clearly contemplated in the contract and to have directly prevented the performance in question, according to Florida appellate case law.
What voids a contract in Florida?
A contract can become void or unenforceable in Florida for reasons like lack of legal capacity, fraud, illegality, or mutual mistake, none of which involve force majeure directly. Force majeure does not void a contract; it excuses specific performance obligations temporarily or permanently, depending on the clause’s terms and the event’s duration.
What is covered under force majeure in a Florida contract?
Coverage depends entirely on the clause’s language, since Florida does not recognize an implied force majeure right. Contracts commonly list hurricanes, government orders, and similar disruptions, but courts read these lists narrowly under Florida appellate precedent, and inability to pay is typically excluded.
What are the three elements of a force majeure claim?
A workable force majeure claim generally needs a qualifying event named or clearly covered by the contract, direct causation between that event and the specific performance owed, and compliance with the clause’s notice and mitigation requirements. Florida courts scrutinize all three, and failing any one, especially notice, can defeat an otherwise valid claim.
How does force majeure differ from impossibility or frustration of purpose in Florida?
Force majeure is a contractual clause the parties negotiated, while impossibility and frustration of purpose are equitable doctrines courts may apply even without one. Florida courts generally look to the written clause first when one exists, reserving these equitable doctrines for gaps the contract does not address; our guide to commercial real estate legal issues covers both in more detail.
