Following the devastating landfall of Hurricane Ida, one lingering question is whether the effects of this Gulf storm will be sufficient to excuse a delay or failure to perform. Many parties in oil and gas, oilfield service, and energy infrastructure that have been affected by the storm utilize Texas law in their service contracts, and in most cases, these parties will find some level of coverage under the terms of the force majeure provisions in their contracts.
Indeed, a number of oil and gas industry giants have already declared force majeure in their business dealings over the past couple of weeks — Royal Dutch Shell, the largest oil producer in the Gulf of Mexico; offshore drilling contractor Noble Corporation; and OxyChem, of Occidental Petroleum, to name a few. Whether the storm will be sufficient to excuse any delay or failure to perform will depend largely on the circumstances of the delay or failure to perform and the exact language of their force majeure clauses.
Continue Reading Force Majeure Under Texas Law in the Aftermath of Hurricane Ida