DuPont Declares Force Majeure For Titanium Dioxide, Aniline Businesses
September 6, 2005
Hurricane Katrina caused extensive flooding at two DuPont facilities in Mississippi-the titanium dioxide plant in DeLisle and the First Chemical Corp. aniline plant in Pascagoula. As a result, DuPont has declared "force majeure" for both businesses. Force majeure clauses are found in business contracts. They excuse the party declaring force majeure from liability if an unforeseen event or circumstance beyond its control prevents it from meeting contractual obligations. These clauses typically cover natural disasters and other events that are unforeseen and could not be avoided by the exercise of due care. Based on the company's preliminary assessment of damages, it is not yet clear when restart will occur. DuPont plants in Pontchartrain, LA, Burnside, LA, and Mobile, AL, were not as severely impacted by the storm.