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Uniform Commercial Code (UCC) Force Majeure Clause

Quarles & Brady LLP

Supply Chain Survival Series: Impracticability, Impossibility and Frustration of Purpose (Article #10)

Quarles & Brady LLP on

In our previous article, we discussed the concept of force majeure, which can excuse parties from performing their contractual obligations in certain circumstances. As explained in that article, force majeure is a contractual...more

Foley & Lardner LLP

Key Terms and Conditions for Buyers and Sellers in the Supply Chain

Foley & Lardner LLP on

Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used...more

Foley & Lardner LLP

Three Key Defenses to Contractual Performance: Force Majeure, Commercial Impracticability, and Frustration of Purpose

Foley & Lardner LLP on

With disruptions affecting every aspect of the supply chain, companies are increasingly encountering legal arguments offered to justify a failure to meet supply obligations. This article in the Supply Chain Disruption Series...more

Fox Rothschild LLP

COVID-19 Impacts On Construction Contracts: Legal Arguments For And Against Performance

Fox Rothschild LLP on

As members of the construction industry are well aware, COVID-19 has created, and continues to create, production delays that have caused uncertainty in the availability and pricing of materials. Questions continue to be...more

Foley & Lardner LLP

Impacts of COVID-19 on Automotive Suppliers

Foley & Lardner LLP on

...Given that the original epicenter of the coronavirus was the important worldwide manufacturing hub of Wuhan, China, the automotive industry was swiftly and seriously impacted in ways that continue one year later. The...more

Foley & Lardner LLP

With Rising Raw Material Prices, Companies Should Prepare For Pressures on the Supply Chain

Foley & Lardner LLP on

As we have covered previously, earlier declines in demand for most raw materials during the early months of the coronavirus pandemic caused many suppliers to reduce capacity. This is now resulting in higher prices and more...more

Foley & Lardner LLP

Auto Supply Chain Price Disputes During COVID-19

Foley & Lardner LLP on

To say that COVID-19 has wrought havoc on automotive supply chains this year may be an understatement. With significant portions of their supply chains located in China, automotive suppliers and their customers had to contend...more

Foley & Lardner LLP

How to Navigate COVID-19 Driven Requests for Price Increases in the Automotive Supply Chain

Foley & Lardner LLP on

To say that COVID-19 has wrought havoc on automotive supply chains over the last 8-12 months may be an understatement. With significant portions of their supply chain located in China, automotive suppliers and their...more

Morgan Lewis

Cross-Border Transactions Caught at the Crossroads: Navigating the Global Covid-19 Crisis through Force Majeure Provisions

Morgan Lewis on

The coronavirus (COVID-19) pandemic has had sweeping effects around the world, and in this era of globalization, business transactions that span multiple jurisdictions and markets have fallen prey to new and unexpected risks...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Decision Likely to Affect COVID-19-Related Disputes

On May 6, 2020, the Seventh Circuit decided Acheron Medical Supply, LLC v. Cook Medical Inc., Nos. 19-2315 and 19-2410. The underlying dispute occurred long before COVID-19, but two aspects of the Court’s decision could...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Excuse by Failure of a Presupposed Condition and Mutual Mistake in the Era of COVID-19

Delays, government closures, supply chain interruptions, loss of supply, elimination of demand, idled employment force, illness, etc., COVID-19 has turned the world on its head. Businesses are scrambling to figure out how to...more

Shumaker, Loop & Kendrick, LLP

Client Alert: COVID-19 Impact for Manufacturing Companies: Strategies to Flatten the Curve with Customers and the Supply Chain

COVID-19 has and for the foreseeable future will have unprecedented adverse impact on the global economy and all companies’ business operations. Government and banking systems throughout the world have initiated massive aid...more

Goodwin

Supply Chain Contracts During a Distressed Economy: Enforcement, Rights, and Remedies

Goodwin on

As the coronavirus continues to spread globally and as governments react by imposing quarantines on not just individuals but entire cities and regions, businesses are looking to protect themselves from the worst impacts of...more

Fox Rothschild LLP

Applying Force Majeure To Delivery Failures In International Trade

Fox Rothschild LLP on

The COVID-19 pandemic has caused tremendous displacement in the world’s economy. The international supply chain, particularly from China, but now including other parts of the world, has experienced significant impacts. Many...more

Bricker Graydon LLP

Examining the defense of impracticability: Does the COVID-19 pandemic qualify as an “unforeseen event” that could render a UCC...

Bricker Graydon LLP on

For buyers and sellers of goods, the COVID-19 pandemic is causing increasing disruption to supply chains on a local, national and international level. Factories have been shut down, workforces have been downsized, flights...more

Akerman LLP

The Coronavirus And Force Majeure Clauses In Contracts

Akerman LLP on

Across the globe, businesses are experiencing issues with productivity due to employees being self-quarantined to prevent risk of exposure to the coronavirus (COVID-19), and due to facilities being shut down in an attempt to...more

Butler Snow LLP

An Unfortuitous, Fortuitous Event: Coronavirus (COVID-19) and Force Majeure in Louisiana

Butler Snow LLP on

On March 11, 2020, the World Health Organization declared COVID-19 (herein, the “Coronavirus”) a global pandemic as this novel coronavirus, which was unknown to world health officials just three (3) months ago, had rapidly...more

Polsinelli

COVID-19 and Its Growing Impact on Commercial Contracts: How Should Contracting Parties Respond?

Polsinelli on

COVID-19 is causing a rapidly evolving public health crisis, and businesses face uncertainty about their commercial relationships. That uncertainty is raising questions about performance under contractual agreements that were...more

Miles & Stockbridge P.C.

The Coronavirus (COVID-19) Outbreak and Key Commercial Contract Considerations

The COVID-19 (the “Coronavirus”) pandemic has the potential to cause business disruptions that may make the performance of a party’s obligations under a commercial contract difficult, unprofitable or impossible. Such...more

Cozen O'Connor

Keep Calm — and Look at Your Contract(s)

Cozen O'Connor on

Whether you cannot meet your supply obligations because your supply chain has come to a screeching halt or you are losing income because conferences, sports, or cultural events are cancelled and your contract partners do not...more

Chambliss, Bahner & Stophel, P.C.

You Thought It Was Merely "Boilerplate" — the Coronavirus and the Importance of Force Majeure Clauses

With the international spread of the coronavirus and the impact it is having on the supply chains, production, transport, and workforce of commercial entities, as well as the limitations posed for service providers of all...more

Stinson - Government Contracting Matters

Force Majeure and the Coronavirus (COVID-19)

Generally speaking, entities that enter into contracts are bound to perform them. However, as matters evolve, the impacts of natural and man-made problems arising from the coronavirus (COVID-19) are being felt by customers,...more

Benesch

COVID-19: Focus on the Impact on Commercial Real Estate

Benesch on

The Coronavirus Disease 2019 (COVID-19), is the latest viral outbreak affecting the physical and economic health of the world. With a global impact and over 1,600 reported cases identified in the United States (as of the date...more

Polsinelli

COVID 19 and Supply Chain Contracts

Polsinelli on

Covid-19 has caused serious disruption to manufacturers’ ability to produce products and fill orders on a timely basis, which in turn has impeded the performance of countless supply chains....more

Dorsey & Whitney LLP

Coronavirus and Contractual Performance Disputes - Does a Pandemic Excuse Performance of Contractual Obligations?

Dorsey & Whitney LLP on

The daily headlines are reminders of the far-reaching economic ripple effects of the 2019 Novel Coronavirus (COVID-19) outbreak. The pandemic is forcing companies to abruptly alter strategies and business plans that seemed...more

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