Checklist of Force Majeure Considerations in the COVID-19 Era

Saul Ewing Arnstein & Lehr LLP
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Across the globe, contracting parties are experiencing performance-related concerns resulting from unprecedented orders to shelter-in-place, closures of non-essential businesses, global travel restrictions, and social distancing/isolation policies that have been implemented in response to the COVID-19 pandemic and public health crisis. As a result, parties may be reviewing their existing contracts, especially the force majeure provisions, to determine whether performance obligations can be modified or cancelled in light of COVID-19.

Force majeure is French for “superior force” and describes an event that cannot be anticipated or controlled that prevents a party from fulfilling its contractual obligations. Whether force majeure can be successfully invoked requires a detailed analysis of the contract at issue, applicable law, and the facts of the case.

Please see full Checklist below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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