GRANDFATHER CLAUSE

grandfather clause. 1.Hist. A clause in the constitutions of some Southern states exempting

from suffrage re-strictions the descendants of men who voted before the Civil War. 2. A provision

that creates an exemption from the law’s effect for something that existed before the law’s

effective date; specif., a statutory or regulatory clause that exempts a class of persons or

transactions because of circumstances existing before the new rule or regulation takes effect.

[Cases: Statutes 228. C.J.S. Statutes §§ 370–372.] 3. In a government contract, a provision that

immunizes the contractor against any changes in federal law that would otherwise adversely affect

the contract. • For example, the government may promise to cover any increased costs that arise

from a change in the law, even though the contractor would bear them for any other reason. 4. In a

construction contract, a general and inclusive provision that makes a party responsible for dealing

with risks, whether expected or unexpected. [Blacks Law 8th]