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Force Majeure Clause Contract Terms Real Estate Development

Seyfarth Shaw LLP

Allocating the Risk of Tariff Price Increases

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As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting...more

Womble Bond Dickinson

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

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Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate....more

Akerman LLP

Tips for Responding to a Notice of Construction Delay Arising From a Hurricane

Akerman LLP on

Hurricane Ian’s unprecedented size and strength is taking a major toll on the state of Florida and other areas in the southeast United States, which is likely to cause impacts to the construction industry. Akerman attorneys...more

Stinson LLP

Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?

Stinson LLP on

While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone's experience. Prior to COVID-19, material costs have spiked for...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

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

BCLP

Disputes under Hotel Management Agreements in a COVID-19 World – Part I: Development Phase Disputes

BCLP on

The COVID-19 pandemic has wreaked havoc on the hospitality sector, significantly impacting the financial performance of existing hotels and causing delays to new hotel projects. These impacts may result in hotel owners and...more

Troutman Pepper Locke

Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

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On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint in California federal court alleging that Sea World is withholding over $3.2...more

Akerman LLP

COVID-19 Related Renovations: Key Terms Owners Should Include in All Construction Contracts

Akerman LLP on

As businesses begin to reopen following the COVID-19 shut down of 2020, it is clear that the "business as usual" model will no longer work. Rather, companies have had to make changes not only in their policies and practices,...more

Troutman Pepper Locke

Best Practice With Notices for Force Majeure Events

Troutman Pepper Locke on

As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more

Nossaman LLP

Impacts of COVID-19 on U.S. Infrastructure Projects

Nossaman LLP on

As the COVID-19 pandemic continues, both the public and private sectors have been working to understand the market’s response and search for solutions addressing the pandemic’s unprecedented impacts....more

Robinson+Cole Construction Law Zone

Ongoing Impacts of the Coronavirus Pandemic on Construction Projects in Major Markets

As we began to describe on March 18, the economic impacts of the ongoing coronavirus/COVID-19 pandemic on the construction industry are becoming more severe as the pandemic continues on and spreads. Substantial uncertainty...more

Seyfarth Shaw LLP

Temporary Impracticality or Frustration of Construction Contracts During the COVID-19 Pandemic

Seyfarth Shaw LLP on

Owners and contractors trying to understand the full impact of COVID-19 on their projects are likely turning to delay or force majeure provisions in their construction contracts to assess their rights or liabilities for...more

Troutman Pepper Locke

COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay

Troutman Pepper Locke on

Much has been written about whether and how COVID-19 qualifies as a force majeure event. But typical force majeure provisions entitle contractors to only schedule relief. ...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

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

Seyfarth Shaw LLP on

When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more

Troutman Pepper Locke

COVID-19 and the Construction Industry: Important Considerations (For Information Purposes Only Not Intended as Legal Advice)

Troutman Pepper Locke on

COVID-19 has created a severe disruption to the construction industry. Certain jurisdictions, including Boston, San Francisco and Pennsylvania, have placed restrictions on construction projects deemed “nonessential” and...more

Carlton Fields

Force Majeure and COVID-19 in the Construction Industry

Carlton Fields on

COVID-19 has disrupted many industries, and the construction industry is no exception. Besides the disruptions that have occurred because of supply chain delays and worker unavailability, some local jurisdictions are now...more

Lowndes

Construction Contracts in the Age of the Pandemic

Lowndes on

As the COVID-19 virus continues to spread, developers, contractors, and subcontractors are increasingly seeing their ability to perform impacted directly or indirectly by its effects on the economy. From supply chain issues...more

Smith Anderson

Impact of COVID-19 on Real Estate, Construction and Supply Contracts

Smith Anderson on

As coronavirus (COVID-19) continues to disrupt lives and businesses, it is important to consider how it may affect your real estate, construction, and supply businesses. Every situation and contract will be different, so it...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

Lowndes

Coronavirus – Does Force Majeure Apply?

Lowndes on

The coronavirus has disrupted the economy and business activity, making it difficult or challenging for some parties to honor their contractual obligations. In fact, it is apparent that parties are terminating their...more

Seyfarth Shaw LLP

Managing Project Risk Associated with the Coronavirus Outbreak Through Force Majeure Provisions

Seyfarth Shaw LLP on

Globally, many developers and contractors are scrambling to identify available contractual relief as the Coronavirus (COVID-19) disrupts cross-border supply chains. US businesses will recall a similar effort just eighteen...more

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