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25 Jan, 2022

COVID-19 and Force Majeure Clauses

2021-12-30T13:51:35-06:00January 25th, 2022|Construction Contractor Advisor, COVID-19, Force Majeure|

The resurgence of COVID-19 has increased the importance of force majeure clauses in construction contracts. Here are some things to consider for your force majeure clause. Effect of Force Majeure Clause Force majeure clauses seek to excuse the nonperformance of a party. A party is no longer obligated to perform when an event expressed in the force majeure clause occurs, and the event is the cause of the party’s inability [...]

24 Jun, 2020

Take-Out Food and the First COVID-19 Force Majeure Opinion

2020-06-20T11:27:32-05:00June 24th, 2020|Construction Contractor Advisor, COVID Bankruptcy, COVID-19, Force Majeure|

An Illinois bankruptcy court was the first court in the country to issue an opinion on how a force majeure clause in a commercial lease would be applied to the COVID-19 pandemic.  Not surprisingly, the language of the underlying force majeure clause and the Illinois’ Governor’s executive order played critical roles in the court’s analysis.  As it turned out, take-out food saved the contract. The case involved a restaurant that [...]

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