Phillip L. Sampson, Jr. and Richard F. Whiteley | Construction Executive The following contract provisions should be clearly understood before undertaking any construction project commences. FORCE MAJEURE Often referred to as an “Act of God,” a force majeure is an event, typically beyond the parties’ control, that prevents performance under a contract. To determine if… Continue reading Understand and Define Key Substantive Contract Provisions
Tag: Construction Contract
Top Five Considerations for Construction Projects During the COVID-19 Outbreak
Jeffrey R. Appelbaum, Erin Luke, Daniel M. Haymond, Kimberly E. Ramundo, Alan S. Ritchie, Patrick J. Sweeney and John B. Kopf, III | Thompson Hine The United States is facing unprecedented change and upheaval as it navigates the COVID-19 pandemic. Thompson Hine is analyzing all the relevant issues to keep you ahead of the curve.… Continue reading Top Five Considerations for Construction Projects During the COVID-19 Outbreak
Is The Coronavirus Event A Force Majeure Or Changed Condition Event?
David Peden | Porter Hedges While this coronavirus event grips the nation, contractors and subcontractors are asking whether this qualifies as a force majeure or changed condition event. We think it qualifies as both. When you bid and signed your contracts, if the force majeure clause was given any thought, it likely was about the impact of a hurricane hitting the job site. Would a hurricane shut a job down for three days, or four? Well, this coronavirus event is having an impact that will last three… Continue reading Is The Coronavirus Event A Force Majeure Or Changed Condition Event?
Building a Case for Force Majeure in Construction Contracts
Alston & Bird Does your construction contract include a force majeure provision that covers the coronavirus pandemic? Our Construction Group weighs in on the availability of force majeure and other related doctrines to excuse contractual performance on construction projects. Establishing a force majeure event Asserting and defending against force majeure claims Understanding other similar doctrines… Continue reading Building a Case for Force Majeure in Construction Contracts
Time to Review Contracts and Be Prepared for Construction Delays, Suspensions and Terminations
Thomas H. Dart and Drew F. Chesanek | Adams and Reese With the ongoing spread of COVID-19 (coronavirus), it is becoming inevitable that the preventative measures being implemented will have significant financial impacts on the construction industry. Accordingly, owners and contractors should be reviewing their contracts for their projects and prepare now for coronavirus-related delays.… Continue reading Time to Review Contracts and Be Prepared for Construction Delays, Suspensions and Terminations