An Act of God is a natural force outside of human control (such as an earthquake, tsunami, or hurricane), and may relieve a party or parties to a contract or agreement from having to perform their obligations. Such Acts of God are often addressed in a force majeure clause, which typically appears near the end of the contract or agreement. A force majeure clause may also excuse a party's performance of its obligations for other reasons beyond its control, such as unavailability of products, riots, civil unrest, pandemics, and terrorism.
In Colorado, as in many jurisdictions, an 'Act of God' refers to unforeseen natural events that are beyond human control and can impact contractual obligations. These events, such as earthquakes, tsunamis, or hurricanes, may be covered under a contract's force majeure clause. A force majeure clause is designed to excuse a party from performing its contractual obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The clause typically lists specific events that qualify and may include not only natural disasters but also other events like riots, civil unrest, pandemics, and terrorism. The applicability of a force majeure clause depends on the specific language of the contract and the circumstances of the event. If a force majeure clause is invoked, Colorado courts will interpret it based on the contract's language and the facts of the situation. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure clarity on what events are covered and the consequences of their occurrence.