Stephen L. Fink | Barnes & Thornburg The COVID-19 pandemic has parties to contracts scrambling to determine their contractual rights and duties. Buyers of goods and services are concerned that sellers will not perform. Sellers and manufacturers are struggling to produce and ship goods contemplated by their agreements, and are concerned with whether buyers will… Continue reading Force Majeure May Not Be Your Only (Or Best) Option
Tag: Force Majeure
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
Coronavirus, Force Majeure, and Delay and Time-Impact Claims
Garret Murai | California Construction Law Blog It’s scary, uncertain times as the world grasps with how to deal with the coronavirus pandemic that has now spread to every continent on the globe with the exception of Antarctica. Although this is a global crisis, it has, and for the immediately future will continue to have,… Continue reading Coronavirus, Force Majeure, and Delay and Time-Impact Claims
Consideration of Force Majeure in Construction Contracts
Jonathan Massell and David A. Senter | Nexsen Pruet | April 25, 2016 Before entering into a construction contract, consider how force majeure events are evolving in today’s world. Have you looked the risk of climate change causing more frequent unusual or severe weather? What about the risk of an act of terrorism? Force Majeure… Continue reading Consideration of Force Majeure in Construction Contracts