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
Too Late to the Party: Federal Circuit Decision an Object Lesson in Why Awardees Should Intervene in Bid Protests ASAP • So You Prevailed in a Protest, But GAO’s Recommended Corrective Action Is Moot. Now What? • Back to Basics: Price Realism vs. Price Reasonableness • No Harm, No Foul: GAO Reminds Protesters that Competitive Prejudice Must Be Shown When the Agency Waives a Material Solicitation Requirement • FAA’s “No-Protest” Clause Struck Down
Don’t Underestimate the Force (Majeure)…and Be Sure You Understand It!
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