Force Majeure Provisions During the COVID-19 Pandemic

Troutman Pepper
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Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond.

In this episode, Troutman Sanders partner Alex Peurach discusses force majeure provisions and other common law defenses to contractual performance with David Meadows and James Washburn, litigation partners with Troutman Sanders, and Angelo Stio and Jeremy Heep, litigation partners See more +

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond.

In this episode, Troutman Sanders partner Alex Peurach discusses force majeure provisions and other common law defenses to contractual performance with David Meadows and James Washburn, litigation partners with Troutman Sanders, and Angelo Stio and Jeremy Heep, litigation partners with Pepper Hamilton.

The team discusses a number of questions including:

• is the COVID-19 pandemic a force majeure event?

• does the occurrence of a force majeure event terminate the entire contract?

• can the occurrence of a force majeure event excuse a party’s payment obligations?

• what to tell a party to do if they receive a notice from a counterparty claiming force majeure, impossibility, or frustration of purpose?

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