Christopher M. Wise | Forum on Construction Law “We will not process outstanding payments to contractors or subcontractors until the pandemic restrictions are lifted.” Since the pandemic began, I have wondered what courts across the country would do when businesses started breaking contractual obligations and blaming, or using, pandemic restrictions as their defense. Most lawyers… Continue reading Why Every Lawyer in the Construction Industry Should Pay Attention to Level 10 Construction v Sea World LLC
Tag: Force Majeure
Force Majeure Claims in Future Waves of COVID-19: Four Key Actions
Mark Crossley and Timothy Hill | Hogan Lovells As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie: 1. Decide COVID-19’s status as a force majeure event Is a subsequent COVID-19… Continue reading Force Majeure Claims in Future Waves of COVID-19: Four Key Actions
The Impact of COVID-19 on the Construction Industry: Planning for the Inevitable
Neil Keenan, William Abramovicz and Matthew Bedan | Forensic Risk Alliance The COVID-19 pandemic continues to impact all facets of the global economy, disrupting supply chains and work forces, and straining contractual relationships between businesses. These issues are especially important in the construction industry, which traditionally relies on precise schedules of workers and material, and… Continue reading The Impact of COVID-19 on the Construction Industry: Planning for the Inevitable
Construction Project Shutdowns: Know Your General Contract Terms for Force Majeure, Suspension, and Termination
John P. Martin | McCarter & English As state and local governments shut down construction projects in response to the COVID-19 pandemic, project owners and contractors should review closely the general contracts for their projects to determine what consequences shutdown orders will have on those projects. While every contract is unique, the terms negotiated for… Continue reading Construction Project Shutdowns: Know Your General Contract Terms for Force Majeure, Suspension, and Termination
Force Majeure May Not Be Your Only (Or Best) Option
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