News & Analysis as of

Contract Disputes Business Interruption

A&O Shearman

Unsanctioned Payments: Overcoming Force Majeure Through Non-Contractual Performance

A&O Shearman on

In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more

Burr & Forman

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Burr & Forman on

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more

Jones Day

Conflict in Ukraine: Liability for Non-Performance Under English Law

Jones Day on

The ongoing conflict in Ukraine, and the severe sanctions imposed by governments globally in response to Russia's aggression, are having extreme effects on parties' legal obligations, and are drastically altering the...more

Robinson+Cole Construction Law Zone

Revisiting Price Escalation Clauses in a Time of Skyrocketing Material Costs

Anyone monitoring construction industry trends is aware that the prices of raw construction materials, particularly steel and lumber, have been rapidly increasing since early 2020. Earlier this year, Associated Builders and...more

Holland & Knight LLP

Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster

Holland & Knight LLP on

"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more

Proskauer - Minding Your Business

COVID-19 and Immunity from Liability

Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...more

Morgan Lewis

NY Federal Judge Rules COVID-19 Pandemic Constitutes ‘Natural Disaster’ in Excusing Contract Performance

Morgan Lewis on

The coronavirus (COVID-19) pandemic constituted a “natural disaster” under a contract’s force majeure provision, Judge Denise Cote of the US District Court for the Southern District of New York recently ruled in JN...more

Bowditch & Dewey

[Webinar] New Contracts: Pandemic Impact on Contract and Transaction Due Diligence - October 27th, 3:00 pm - 4:00 pm ET

Bowditch & Dewey on

During times of economic turbulence and commercial uncertainty, your business team and corporate counsel are well advised to undertake a more deliberate and thorough due diligence process when entering into contract and...more

Moore & Van Allen PLLC

Is There a Fix for COVID Business Interruption and Event Cancellations Losses on the Horizon?

Moore & Van Allen PLLC on

The losses sustained by American businesses in the wake of the COVID-19 pandemic will be measured at a level that may never be seen again in our lifetime. On July 30th, the U.S. Bureau of Economic Analysis issued an advance...more

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

McDermott Will & Emery on

As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

JAMS

[PODCAST] Resolving Business Interruption Disputes Caused by the Coronavirus (COVID-19)

JAMS on

Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive...more

Littler

Puerto Rico: Breach of Contract Claims in the COVID-19 Age and the “Force Majeure” Defense: Considerations for Employers

Littler on

The term “force majeure” takes us on a trip down memory lane to the law school classroom where our contracts professor spoke of antiquated doctrines of limited practical use. Or so we thought. As the COVID-19 outbreak...more

Bowditch & Dewey

As COVID-19 Surges, So Too Should the Use of Well-Crafted Contractual Arbitration Clauses

Bowditch & Dewey on

Virtually every aspect of our lives has been disrupted in one way or another as a result of the COVID-19 pandemic and the ensuing economic collapse. While certain of these disruptions have been difficult to predict, at least...more

Katten Muchin Rosenman LLP

Force Majeure: Friend or Foe Amidst COVID-19

This Katten advisory considers how UK businesses could seek to rely on the principles of force majeure or frustration to suspend or end performance of contractual obligations (without liability) should that be required in...more

BCLP

COVID-19: UK - Frustration under English Law: BCLP’s Commercial Disputes Team addresses some key questions

BCLP on

Sports fixtures are off; mass gatherings are prohibited; events, construction projects and manufacturing are grinding to a halt. All of these situations are directly related to the Covid-19 pandemic, and there is a...more

Morrison & Foerster LLP - Government...

The Sovereign Acts Doctrine: Understanding COVID-19 Implications For Your Government Contract

The COVID-19 pandemic has introduced significant uncertainty for government contractors as agencies prepare for substantial disruptions, including the potential closure of military installations. See e.g., Department of the...more

Troutman Pepper

Your Contracts in a Coronavirus World

Troutman Pepper on

The coronavirus (COVID-19) pandemic continues to have a devastating impact on human health, life and economic activity around the world. The virus has caused severe disruptions to the global economy, including the banning of...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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