News & Analysis as of

Delays Force Majeure Clause

Hogan Lovells

UK Supreme Court preserves principles of contractual interpretation in RTI Ltd v MUR Shipping BV

Hogan Lovells on

The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...more

Porter Hedges LLP

Top Five Provisions to Review in Your Construction Contract

Porter Hedges LLP on

It’s 3:00 p.m. on a Friday and you’ve been tasked with reviewing a construction contract by close of business. It’s long, and you only have time to review the most important terms. Which ones do you choose?...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

Stoel Rives -  Ahead of Schedule

Pandemic Creates Cause to Rethink Overlooked Contract Provisions

The last time my byline appeared in this column, we were just a few weeks into the government-ordered lockdown, and I pondered whether construction projects could — or should — continue. In the year since, the construction...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Impact of COVID-19 on Construction and Infrastructure Projects: An On-Site Perspective

On January 14, 2021, Skadden and BDO Consulting co-hosted a webinar discussing the impacts of COVID-19 on complex construction projects. The program was based in part on the perspectives of owners and contractors surveyed by...more

PilieroMazza PLLC

COVID-Related Construction Claims: 4 Key Strategies for Recovery

PilieroMazza PLLC on

The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to positon...more

Hogan Lovells

Force majeure claims in future waves of COVID-19: four key actions

Hogan Lovells on

As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more

King & Spalding

Energy Newsletter - June 2020

King & Spalding on

The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The...more

Faegre Drinker Biddle & Reath LLP

Addressing COVID-19 Related Delays in Construction Contracts

You signed a construction contract in February. Then, in March, the world as we know it changed due to the COVID-19 pandemic. Whether you’re the project owner or the contractor, you may now face delays to your project due to...more

Cohen Seglias Pallas Greenhall & Furman PC

Construction Delays in the Time of Coronavirus: A Legal Perspective

“Time is money.” There are few places where that phrase is truer than in construction, and unfortunately, that truth has been highlighted by the coronavirus pandemic shutting down construction throughout Pennsylvania....more

ArentFox Schiff

The Effects of COVID-19 on Construction Project Completion and Mechanic Lien Filing Deadlines

ArentFox Schiff on

Over the past month, states and municipalities have been issuing stay-at-home orders to slow the spread of COVID-19. Depending upon the locality, certain types of construction projects have been deemed “essential” and...more

White & Case LLP

How should the impact of the COVID-19 outbreak be managed on projects under FIDIC and NEC?

White & Case LLP on

The impact of COVID-19 has already had a profound impact on all business sectors globally, including the construction industry. Projects in many countries have been impacted by the outbreak, including as a result of labour...more

Porter Hedges LLP

Is The Coronavirus Event A Force Majeure Or Changed Condition Event?

Porter Hedges LLP on

While this coronavirus event grips the nation, contractors and subcontractors are asking whether this qualifies as a force majeure or changed condition event. We think it qualifies as both. When you bid and signed your...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

Pierce Atwood LLP

Signing a Construction Contract in the Middle of the Coronavirus Pandemic . . . Two Contract Clauses to Consider

Pierce Atwood LLP on

There is rightfully a lot of buzz in the industry about force majeure clauses.  Authors are writing about how far and how much they protect contracting parties from unforeseen and uncontrollable events that cause delay....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

Spilman Thomas & Battle, PLLC

COVID-19 and Construction Industry Insights

Restrictions related to COVID-19 have created immediate impacts for businesses of all sizes. Regardless if your industry has been directly affected by government mandates to work from home or restrict travel, it seems that no...more

Robinson+Cole Construction Law Zone

Potential Impacts of the Coronavirus Pandemic on Construction Projects

As the coronavirus/COVID-19 pandemic continues to spread and the governmental and private sectors formulate their responses, it has become apparent that the associated economic impacts will be significant and affect all...more

Hogan Lovells

COVID-19 – Project financing key considerations

Hogan Lovells on

The impact of the coronavirus disease (COVID-19) cannot be underestimated. It is now time critical and project participants must be alive to the rapidly evolving COVID-19 outbreak and the consequential impact on their...more

Eversheds Sutherland (US) LLP

COVID-19 checklist for real estate and construction projects

With each passing day, the number of COVID-19 cases continues to rise and jurisdictions across the world are working hard to contain the contagion. People are rightly concerned about the impact that COVID-19 will have on...more

Barnea Jaffa Lande & Co.

Does a Delay in the Delivery of an Apartment Due to the Coronavirus Constitute Grounds for Untimely Delivery without Compensation?

With the spread of coronavirus, many home buyers are living in a state of uncertainty. What happens if a contractor’s workers do not come to work due to the spread of the virus, and therefore cause delays in the delivery of...more

Brownstein Hyatt Farber Schreck

What Are Parties’ Rights Under the AIA Owner-Contractor Agreements in the Event of a Coronavirus Pandemic?

Needless to say, a coronavirus pandemic (or even the threat of such a pandemic) could have significant impacts on ongoing construction projects. A potential or actual pandemic could dramatically affect the labor force and...more

ArentFox Schiff

What US Retail Companies Need to do to Protect Against Business Implications of the Coronavirus

ArentFox Schiff on

As the coronavirus continues to wreak havoc globally, long-term business implications are imminent for US companies - The fashion and retail industries are specifically affected due to the volume of goods produced in...more

Robinson+Cole Construction Law Zone

Who Will Bear the Risk and Cost for Coronavirus Construction Delays? A Contractual Analysis.

As the Coronavirus spreads across the globe, its impact continues to disrupt many industries, including construction.  Over the last twenty years, the construction industry in the United States has substantially increased its...more

White & Case LLP

Allocation of Risk in Construction Contracts (Updated)

White & Case LLP on

Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more

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