A property maintenance standard clause in a force-majeure context defines what level of property upkeep and care is required during periods when performance is excused due to unforeseeable circumstances (natural disasters, pandemics, wars, etc.). This clause typically specifies that even when a party is relieved from performing primary contractual obligations due to force-majeure events, they must still maintain the property in a reasonable condition to prevent deterioration, further damage, or liability. For example, a contractor unable to complete construction due to a hurricane might still be required to secure the site, prevent water intrusion, and maintain basic safety standards.
This clause matters because force-majeure protection is not absolute—it excuses performance of the main contract but doesn't eliminate all obligations. Without clear maintenance standards, disputes arise over whether a party has abandoned the property, whether preventable secondary damage occurred, or whether the party took reasonable steps to mitigate harm. The clause protects both parties: the excused party knows exactly what minimal obligations remain (avoiding unreasonable burdens), while the other party has assurance the property won't be neglected or damaged further during the force-majeure event.
Draft this clause to specify concrete, measurable maintenance obligations that remain in effect during force-majeure events, such as: (1) securing the property against unauthorized access or weather, (2) performing emergency repairs to prevent further damage, (3) maintaining insurance coverage, (4) inspecting the property at defined intervals, and (5) documenting conditions with photographs. Crucially, tie these obligations to what is "reasonably practicable" given the force-majeure circumstances—a party shouldn't be required to perform dangerous or impossible tasks. Include a mechanism for the parties to agree on modified maintenance standards if the force-majeure event makes standard maintenance infeasible.
Frequently Asked Questions
What does this clause mean in simple terms?
A property maintenance standard clause in a force-majeure context defines what level of property upkeep and care is required during periods when performance is excused due to unforeseeable circumstances (natural disasters, pandemics, wars, etc.).
Why should I care about this clause?
This clause typically specifies that even when a party is relieved from performing primary contractual obligations due to force-majeure events, they must still maintain the property in a reasonable condition to prevent deterioration, further damage, or liability.
What are my options?
For example, a contractor unable to complete construction due to a hurricane might still be required to secure the site, prevent water intrusion, and maintain basic safety standards.
How does this affect small businesses?
This clause matters because force-majeure protection is not absolute—it excuses performance of the main contract but doesn't eliminate all obligations.