As Minnesotans grapple with the issue of whether to build a new stadium for the Vikings, a new wrinkle has appeared in the argument, which might force the Vikings to play in the Metrodome for an additional year…based on force majeure.
I’ve explained force majeure before, but for the uninitiated, here’s the idea: if something out of the control of one or both of the parties to a contract occurs, those parties cannot be held to all the terms of the contract. For the Vikings, the issue arose last winter when a severe winter storm piled so much snow on the Metrodome that the roof collapsed, requiring significant repairs.
According to a Minnesota Public Radio interview with Ted Mondale, chair of the Metropolitan Sports Facilities Commission (which is mainly in charge of the Metrodome and has a stake in the Vikings staying for additional time and paying more rent), the Vikings’ lease was for thirty years expiring at the end of this football season. But he also notes that there is a force majeure clause in the lease stating that in case of damage from a storm like last winter’s, the lease would be extended by a year.
I haven’t seen the lease, and I wasn’t there for the negotiations, but I would expect that the force majeure clause was originally negotiated to protect the Vikings’ hold on the property in case something interrupted their season. However, at this juncture the Vikings are trying to argue that they need a new stadium because their lease is about to end at the Metrodome. In this case, the clause is actually being used to their detriment, by potentially forcing them to stay in the Metrodome for an additional year, and hamstringing their argument that they need a new stadium immediately.
This is an interesting use of force majeure, and one that I have not seen before. But it just goes to show that every provision in a contract is important, no matter how far-fetched or off-the-wall it seems, and you might just get what you wished for.
After listening to the MPR interview and reading about force majeure here at Pro and Contracts, do you think the Vikings should be forced to stay in their lease for an additional year, or do you think it should be an option that they can choose to enforce if they want to?
About Graham Martin
Graham Martin is a solo practitioner focusing on Contract law (including drafting, review, and litigation). He operates Martin Legal Services, LLC in the Minneapolis-St. Paul area.
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In case you’re interested, here is a link to the contract. (p.31 section 15).
Thanks, Ed! That’s great to have. I will look it over and see if I need to update anything.