Miles & Stockbridge - With the onset of COVID-19, there is increased attention on force majeure clauses – what they are, when they can be invoked, how they operate, and how they might change in the future. This is especially true in construction matters, where many projects have been delayed, often due to some combination of the following: government regulations and executive orders implementing quarantines, stay-at-home orders, or other restrictions; decreased workforce due to illness; unavailability of goods and materials; loss of access to certain job sites because of owner decisions to close or limit access; and other related issues. Regardless of the specific reason that prevents or delays performance, this COVID-19 pandemic is showing many involved in construction contracts—owners, general/prime contractors, subcontractors, vendors, or suppliers— the benefits of critically reviewing their contracts to understand the effects of the presence (or absence) of a force majeure clause.
Courts, Boards, & GAO
Trending Now
Time for a Do-Over – GAO Finds Agency Improperly Limited Proposal Revisions • Transitive Untimeliness: If Your Initial Protest Was Too Late, Your Supplemental Protest Is Also Untimely • Why Canceling an Ambiguous Solicitation Is Almost Always Rational • History Doesn’t Repeat Itself, But It Often Rhymes—The Administration Again Tries To Reshape Federal Contracting by Mandating Prioritization of Fixed-Price Contracts • Bid Protests at the State and Local Level: What Contractors Need to Know
Don’t Underestimate the Force (Majeure)…and Be Sure You Understand It!
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