News & Analysis as of

Force Majeure Clause Contractors

Gray Reed

A Brave New World – Tariffs and Force Majeure

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My colleague (Graham Quinn) recently wrote an article about the potential financial impact of the impending steel and aluminum tariffs on the construction industry.  See hyperlink: The Impact of President Trump’s Steel and...more

Gray Reed

Preparing Contracts for Hurricane Season – Force Majeure

Gray Reed on

The recent derecho storm caused severe damage throughout Houston and the surrounding area. The intense winds and flash flooding served as a costly lesson to many contractors and project owners. With the expected active...more

Stoel Rives -  Ahead of Schedule

Follow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract?

Over this past summer, our colleague Mario R. Nicholas penned an article for the Daily Journal of Commerce entitled “Can Artificial Intelligence Be Trusted to Draft a Construction Contract?”  It is a great read, and we borrow...more

Bracewell LLP

The COVID-19 Change Order

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During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These...more

Kilpatrick

5 Key Takeaways - Legal Issues: Risk Management in Underground Construction

Kilpatrick on

Kilpatrick Townsend’s Randy Hafer recently participated in a panel discussion addressing “Legal Issues” at the 2022 Risk Management in Underground Construction Conference. As tunneling projects get larger and more...more

Blake, Cassels & Graydon LLP

Trends and Developments in Infrastructure Arbitration

The effects of COVID-19 and concerns about unforeseen events have caused both owners and contractors of infrastructure projects to re-evaluate how to best mitigate risk and manage disputes more efficiently. Some elements of...more

Kilpatrick

10 Key Takeaways - Considerations for Construction and Design Contracts

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Whether your company is about to upsize, downsize, relocate, or reconfigure its space, there is a good chance there is a construction project in your company’s future. During the Association of Corporate Counsel Houston...more

Snell & Wilmer

Wash Your Hands and Read Your Contract: COVID-19 Reminders for the Construction Industry

Snell & Wilmer on

A year into the pandemic, many of us are reflecting on how far we have come. While we may laugh at the memory of wiping off grocery bags with Clorox, some of the lessons, like washing your hands for at least 20 seconds, are...more

King & Spalding

Judicial Guidance on the Impact of COVID-19 on KSA Construction Projects

King & Spalding on

The COVID-19 pandemic has had, and continues to have, an obvious impact on construction and other projects throughout the Middle East. As far back as March 2020, those involved with managing construction projects would have...more

Kilpatrick

5 KEY TAKEAWAYS: COVID-19 Claims: Its Impact and You

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COVID-19 has had a major impact on all aspects of our daily lives, including construction and projects. Claims, delays, losses of productivity, and PPE have developed and arisen from this new pandemic. Moderated by Kilpatrick...more

Porter Hedges LLP

Substantial Compliance – When The Contract Doesn’t Always Mean What It Says

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As COVID-19 continues to result in government shutdown orders, labor shortages, and increased lead times to acquire materials, project owners, contractors, and subcontractors may begin to make claims of “force majeure,” or...more

Snell & Wilmer

Delay and Disruption Claims in the Time of COVID-19

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Delay and disruption claims are always a risk in the best conditions on a construction site. Never more so than during the global pandemic brought about by COVID-19. Since President Trump declared the COVID-19 pandemic a...more

Sheppard Mullin Richter & Hampton LLP

Practical Considerations under FIDIC Contracts in Light of COVID-19

The outbreak of the coronavirus has been an unprecedented event affecting every industry, including construction. To ensure their entitlement to an extension of time, costs, or even termination, parties to construction...more

Snell & Wilmer

COVID-19 and Absent Past Parallels

Snell & Wilmer on

Along with the more pressing concerns for the safety of their families and communities, owners and contractors are both confronted with another unknown: how will courts handle the disputes that eventually develop following...more

Cohen Seglias Pallas Greenhall & Furman PC

Coronavirus, An Unforeseeable Circumstance: Does Your Contract Protect You Under Force Majeure Clauses?

The national response to the coronavirus pandemic has been overwhelming to the businesses. Entire states are enacting social distancing orders in hopes of arresting the spread of coronavirus, keeping employees at home to save...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Coronavirus, An Unforeseeable Circumstance: Does Your Contract Protect You Under Force Majeure Clauses? - April 14th,...

The national response to the coronavirus pandemic has been overwhelming to the nation’s businesses. Entire states are enacting social distancing orders in hopes of arresting the spread of coronavirus, keeping employees at...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

Seyfarth Shaw LLP

Coronavirus Pandemic: My Construction Agreement Has a Force Majeure Clause, So Now What?

Seyfarth Shaw LLP on

With the exponential spread of COVID-19, owners, contractors, and design professionals are recognizing the substantial impact this pandemic will have on the construction industry. ...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

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

Shutts & Bowen LLP

Contractors: Are your contracts prepared for a Hurricane? A look into force majeure clauses following Hurricane Michael.

Shutts & Bowen LLP on

Hurricane Michael made landfall on the Florida panhandle as the third strongest Atlantic hurricane on record to hit the United States. Hurricane Michael was the strongest hurricane, in terms of sustained winds, to hit the...more

Dorsey & Whitney LLP

Avoiding the Storm After the Storm - 10 Things the Construction Industry Should Do Right Now to Move Projects Forward After Harvey...

Dorsey & Whitney LLP on

Hurricanes Harvey and Irma once again have forced the construction industry to focus on best practices for responding to force majeure events. Now is the time to put into action an effective recovery plan with the aim of...more

Seyfarth Shaw LLP

Practical Tips for Owners and Contractors Impacted By Hurricanes Harvey and Irma

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Anyone watching what has happened in Houston, and what is predicted to happen in Florida, immediately thinks about the safety and well-being of those affected by Hurricanes Harvey and Irma. Once the rain stops, the water...more

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