On May 20, 2026, the Ministry of National Defence explained that “air danger” may mean a situation where an unidentified object is flying in Lithuanian airspace or there is a high probability that it will enter it and may pose a threat to the country’s territory. In such a case, residents must follow the warning message instructions, hurry to the nearest shelter, and if none is available – hide in a safe room, following the two-wall rule.
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Legally, according to lawyer and mediator Raimonda Joskaudienė, this means one simple but often forgotten thing: contracts need to provide not only for normal performance but also for contract behavior in a crisis situation.
1. The “force majeure” clause alone is not enough
Many contracts contain a standard phrase: “A party is not liable for non-performance of obligations due to force majeure circumstances.” However, such a provision is often too general.
According to Article 6.212 of the Civil Code, a party is released from liability only if it proves that the contract was not performed due to circumstances it could not control, could not reasonably foresee at the time of contract conclusion, and could not prevent these circumstances or their consequences. It is also important: mere lack of money, absence of goods on the market, or delay by contractors are not considered force majeure by themselves.
“Therefore, it is worth clearly discussing in the contract:
what is considered a special security circumstance: air danger, official order to hide, evacuation, use of shelters, threat of war, communication or electricity supply disruption;
whether such a circumstance suspends deadlines;
for how long it suspends;
when contract performance is resumed;
whether penalties apply;
what evidence the party relying on such a circumstance must provide,” advised R. Joskaudienė.
Most importantly, according to her, force majeure is not a convenient excuse for non-performance of the contract. It is a legally proven situation.
2. It is necessary to distinguish: impossible to perform or just became more difficult to perform?
Not every crisis situation means that the contract cannot be performed. Sometimes it is possible to perform it, but costs, risks, logistics, safety requirements, deadlines, or work organization change.
In such cases, Article 6.204 of the Civil Code may be relevant – performance of contractual obligations when circumstances change. According to this provision, if performance becomes more difficult for one party and the balance of contractual obligations essentially changes, the party may request a contract modification, but such a request does not itself grant the right to unilaterally suspend contract performance.
The Supreme Court of Lithuania has also noted that the institutions of force majeure and fundamentally changed circumstances are exceptions to the principle of contract binding, so they must be applied cautiously, considering specific factual circumstances.
“Therefore, it is reasonable to include in the contract not only ‘force majeure’ but also a renegotiation mechanism:
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within what time the party must notify about changed circumstances;
what documents to provide;
within what time parties must meet or exchange positions;
what happens while negotiations are ongoing;
whether it is possible to temporarily change the price, deadline, service format, delivery method,” explained R. Joskaudienė.
3. Deadlines: does air danger automatically suspend performance?
The contract must clearly state what happens with deadlines.
For example:
whether the service provision deadline is extended only for the actual danger period;
whether additional reasonable time is added to restore activities;
whether delay due to official danger notification is not considered a breach;
whether the client has the right to demand a discount;
whether the supplier has the right to change the delivery time;
whether the event is postponed, held remotely, or canceled.
“There should be no loophole in the contract: ‘we will see according to the situation.’ That is exactly when disputes begin,” warned R. Joskaudienė.
4. Work and service safety must be above the deadline
If the contract involves employees, service provision in premises, events, training, retail locations, production, or customer service, it is necessary to assess employee safety aspects.
Therefore, in contracts with contractors, service providers, premises managers, event organizers, it is worth clearly specifying:
who makes the decision to suspend activities;
who informs employees, clients, participants;
where the nearest shelter or safe room is;
who is responsible for directing visitors, clients, children, seniors, or people with disabilities;
what happens with the service price if the service is terminated due to safety;
who is liable if safe exit or clear instructions were not ensured.
5. Premises, rental, events, and services: financial consequences must be foreseen
If premises are rented, training, conferences, events, sports activities, children’s activities, beauty, wellness, or other services are organized, it is necessary to discuss:
whether the fee is payable if the service does not take place due to official danger;
whether the event is postponed;
whether the client is refunded;
whether the fee is credited to another date;
whether the premises tenant pays rent for the time they could not safely use the premises;
whether the service provider has the right to change the service format to remote;
whether the parties share losses.
“Such provisions are not a sign of panic. They are a sign of a mature contract,” emphasized the lawyer.
6. Notifications: the contract must include more than just email
In a crisis situation, email may be too slow. Therefore, it is worth providing a special notification regime:
phone numbers of responsible persons;
SMS or another fast channel;
what is considered a proper notification;
within what time the other party must be informed;
who receives notifications after working hours;
what to do if communication fails.
Article 6.212 of the Civil Code provides the obligation to notify the other party about the occurrence of force majeure circumstances and their impact on contract performance. If the other party does not receive such notification within a reasonable time, there may be an obligation to compensate for losses caused by the failure to notify.
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