Commercial contract provisions affording a party with an excuse from performance can take varying shapes and sizes, but they all serve the purpose of relieving the party from liability for nonperformance of an obligation that...more
Although many companies are already revisiting contractual provisions relating to nonperformance, like force majeure clauses, as the coronavirus (COVID-19) pandemic continues to wreak havoc on public health and the economy,...more
When parties enter into a contract, they generally intend to follow the terms of a contract. However, sometimes, whether unintentionally or by mistake, inevitably, a party to a contract may breach a term of their contract by...more
The COVID-19 pandemic has generated an unprecedented crisis, throwing companies into uncertainty as to the fate of their contractual commitments. In response to the legitimate questions raised by such situation, many articles...more
As the Covid-19 pandemic continues in North Carolina, contracts – whether they are real estate, construction or other commercial contracts – are all at risk of non-performance by one of the parties. Inevitably,...more
As of March 19, the Centers for Disease Control and Prevention reports there are more than 10,000 cases of novel coronavirus (COVID-19) in the United States, including more than 4,500 in New York state alone. Declared a...more
Parties to commercial contracts that may be affected by COVID-19 are now examining their force majeure provisions, as well as all other risk allocation provisions, to determine which party bears the cost of delay or...more