Courts Are Excusing Contract Nonperformance Due to the …
Apr 8, 2021 · A year after the Covid-19 pandemic came to the U.S., more courts are showing a willingness to accept force majeure, impossibility or impracticability, and other defenses to excuse contract obligations in situations caused by the pandemic. …
Box lines declare force majeure as White House defends ILA - The …
Oct 2, 2024 · Shipping lines are beginning to declare force majeure, as the US east and Gulf coast port strike enters its second day. Any hope from employer association USMX that the government might intervene to halt the economically damaging strike was dashed yesterday, when the White House landed firmly on the side of the union.
Force Majeure Clauses in the Aftermath of the Covid-19 …
Mar 14, 2022 · Force majeure is a contractual provision that generally excuses performance obligations when circumstances or events arise beyond the parties’ control that render performance of such contract impracticable or impossible, depending on …
ANALYSIS: No Longer Unforeseeable? Force Majeure and Covid …
Nov 1, 2021 · In 2022, looking back on two years dominated by Covid-19, will parties in contract litigation still be able to make the argument that the pandemic was unforeseeable? Probably not.
The Importance of Force Majeure Clauses in the COVID-19 Era
Mar 25, 2021 · A force majeure clause needs to describe what sort of unforeseeable event will excuse the breaching party. Definitions of a “force majeure” event often start out generally, with words like, “unanticipated events beyond the parties’ control, such as . . .” and then tack on a long list of examples.
Force Majeure Litigation in the Post-COVID World - American Bar Association
Jan 6, 2023 · COVID-19 Force Majeure Litigation. Throughout the COVID-19 pandemic, parties to commercial contracts have invoked force majeure clauses to excuse nonperformance caused by pandemic-related shutdowns, labor shortages, supply chain issues, and many other disruptions.
The Dotted Line: COVID-19 force majeure clauses are losing their …
Jan 25, 2022 · Taking more of the power out of COVID-19 force majeure claims is the recent decision by GAO that the Army Corps of Engineers properly deemed a bid from Boulder, Colorado-based American Mine...
Contract performance in a coronavirus world: Force majeure …
Mar 18, 2020 · The purpose of force majeure clauses is to protect the parties from events that are agreed to be outside normal business risk. Force majeure clauses excuse the performance of contractual obligations if specified events outside the …
Case Law Update: Interpretation and Applicability of Force Majeure ...
Apr 7, 2021 · As recent court cases have illustrated, force majeure and similar clauses may very well be interpreted to permit a party’s nonperformance as a result of the COVID-19 pandemic, even if that clause did not specifically enumerate “pandemic” as a force majeure or similar event.
Force Majeure and Coronavirus (COVID-19): Seven Critical
Jun 17, 2020 · One of the changes we should expect is a COVID-19-inspired term in force majeure clauses—perhaps one that mentions pandemics, epidemics, or viral outbreaks or similar terms, just as terrorism became a standard term in force majeure provisions after the September 11 terrorist attacks, and earthquakes became a standard term after the 1989 Loma ...