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Natural Disasters Contract Terms

Lowndes

Hurricane Idalia: Take a Hard Look at the Force Majeure Clauses and Your Business Risks

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With Hurricane Idalia about to cross Florida, people are naturally focused on preparations and the potential adverse impacts that it will have. For businesses, that should include analysis of contractual obligations that...more

Akerman LLP

Essentials for Your Hurricane Repair Construction Contract Toolbox

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In September of 2022, Hurricane Ian struck Florida with a force and onslaught of rain and flooding of biblical proportion that some say has not been seen in the last 1,000 years. Yet, once again, Floridians must pick up the...more

Akerman LLP

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

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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

Beveridge & Diamond PC

Top Ten Tips for Seeking Enforcement Discretion and Preserving a Weather Disaster Force Majeure Affirmative Defense before the...

The Texas Commission on Environmental Quality (TCEQ) has taken various actions and posted guidance to help regulated entities address operational issues and environmental noncompliance that resulted from power outages, water...more

Hicks Johnson

A Perfect Storm: How Will Contracts Be Impacted by Conditions in Texas?

Hicks Johnson on

Arctic cold and historic snowfall this February have caused substantial disruption nationwide, in particular in the state of Texas. Widespread, record low temperatures, combined with unprecedented demand on the power supply,...more

Holland & Knight LLP

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

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"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

Eversheds Sutherland (US) LLP

COVID-19: Natural disaster or contractual quandary?

As the ever-evolving COVID-19 pandemic is no longer considered “unprecedented” and the restrictions associated with the pandemic have become a part of “the new abnormal,” district courts nationwide are beginning to grapple...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

Foley & Lardner LLP

Global Supply Chain Disruption and Future Strategies

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That question, as we brace for the continuing effects of COVID-19, is at the top of executives’ minds. And yet each vision seems to beget more questions: about alternative supply chain models and contract terms, about...more

Gray Reed

When a Tornado Damages Your Self-Storage Unit, are Your Rights Blown Away?

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This fall’s Dallas tornado was especially vexing to Winn Blohn who stored many personal belongings in Sasha Stach’s Stach-a-Lot Self-Storage unit. Sasha denied access to all the units for weeks. ...more

Carlton Fields

The Hurricane is Coming in Five Days - Are We Ready for This?

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On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149...more

White & Case LLP

Force Majeure: substantial damages even if you cannot perform

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In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure event to excuse liability...more

Troutman Pepper

What Constitutes an Emergency in Public Contracts?

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In recent years, California has experienced the worst wildfires in its history, devastating the state and setting record-breaking highs. In just 2018 alone, the wildfires across California took 106 lives and burned more than...more

Troutman Pepper

Contractor’s Third Party Beneficiary Claim Dismissed Against Designer Where Designer’s Contract with Owner Lacked Clear Intent to...

Troutman Pepper on

Arco Ingenierosm, S.A. v. CDM Int’l Inc., Civil Action No. 18-12348-PBS, 2019 BL 100779 (D. Mass. Mar. 22, 2019) - In November 2009, Tropical Storm Ida hit El Salvador, causing flooding, landslides, and the destruction of...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

Gray Reed

The Storm After the Storm

Gray Reed on

Just as the Texas coast assessed the magnitude of Hurricane Harvey’s damage, Hurricane Irma was taking shape in the Atlantic. Fewer than two weeks later, Irma would crash into the Florida Keys. Estimates put Harvey and Irma’s...more

Robinson+Cole Manufacturing Law Blog

Supply Chain Problems After The Hurricanes: What Manufacturers Should Be Aware Of

As the recovery effort continues after Hurricane Harvey and Hurricane Irma, some manufacturers are starting to deal with supply chain slowdowns or shortages. The most widely reported issue that impacts both manufacturers and...more

Lowndes

Hurricane Irma: Take A Hard Look At Force Majeure Clauses And Your Business Risks

Lowndes on

With Hurricane Irma approaching Florida, people are naturally focused on preparations for its arrival and the potential adverse impacts that it will have. For businesses, that should include analysis of contractual...more

Gray Reed

Harvey and Climate Change, and Consideration of a Retained Acreage Clause

Gray Reed on

You’ve seen the headlines. The portrait is complete; the verdict is in; the clock has run down to zero. The devastation of Harvey is “unprecedented” and it’s all because of climate change. That’s not necessarily so, thanks...more

Gray Reed

Hurricane Harvey and Oil and Gas Operations – What To Do

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In light of the adverse effects the storm, floods and tornadoes will have on oil and gas production, transportation and processing operations, we offer several bits of advice: Force majeure - Winds and floods are among...more

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