, the clock has begun ticking on the introduction of two words that instill fear in the hearts of lawyers everywhere: force majeure.
Does a strike constitute a force majeure event? Is the answer an unqualified yes? No, it is not — though it certainly may be for some. But how the force majeure event affects the contractual performance, and how it is interpreted as doing so, raises plenty of questions. Does the event"impede" or"prevent?" Does the event literally make it impossible to perform, extremely difficult or just more expensive?
For clarity, guild- and union-covered services are subject to the applicable collective bargaining agreement terms, and to the extent a contract under guild/union jurisdiction varies from the CBA terms, the CBA terms generally determine the actual approach, not the private contract . Often a force majeure suspension or termination occurs even though the event does not prevent either party from performing. You read that right: Parties may contractually get out of performing predicated upon a force majeure event — even when they can perform.