Topic
Force Majeure
379 published works
Government Contracts Legal Forum
Not So Majeure—GAO Finds Agency Properly Rejected a Bid Classifying All COVID-19-Related Events as an Excusable Cause of Delay
By Daniel R. Forman, Alexandra Barbee-Garrett, Rina Gashaw, Amanda McDowell
In American Mine Services, LLC, B-420138 (Dec. 3, 2021), the Government Accountability Office (“GAO”) denied a protest by American Mine Services (“AMS”), finding that the Army Corps of Engineers (“Corps”) reasonably…
Business Litigation Blog
Current Trends in Force Majeure Clauses in the Wake of COVID-19: Frustration of Purpose as an Alternative Argument
In the wake of COVID-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses. In the early stages of the pandemic, there were few reported decisions…
A Lawyer's Blog
RIGHT TO TERMINATE FOR FRUSTRATION OF PURPOSE?
Banco Santander (Brasil) S.A. v. American Airlines Inc.; Date filed: 2021-10-15; Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY; Judge: District Judge Rachel Kovner;…
ContractsProf Blog
At Last, A COVID-Related Breach Case that Might Succeed!
There have been innumerable force-majeure type suits brought on by COVID-19. This one might have a shot, because of one-sided cancellation provisions. Plaintiffs, Jasmine and Robert Nicholson, have filed a…
Disaster Prep & Recovery
When Force Majeure is for Sure: The Business of Construction in Disaster-Prone Areas
By Steve Miller, Tiffany Raush, Taylor Wimberly
Hurricane Ida struck Louisiana on August 29, 2021, the 16th anniversary of Hurricane Katrina, as a Category 4 hurricane. The storm blasted Southeast Louisiana as one of the most powerful…
Disaster Prep & Recovery
Force Majeure Under Texas Law in the Aftermath of Hurricane Ida
By Cindy Muller, Tiffany Raush, Amy Anderson
Following the devastating landfall of Hurricane Ida, one lingering question is whether the effects of this Gulf storm will be sufficient to excuse a delay or failure to perform. Many…
Disaster Prep & Recovery
Hurricanes and Act of God Defenses
By Jefferson R. Tillery, Sara Kuebel
Following a major hurricane or other extreme weather event, vessel owners and operators may face liability for failure to perform their agreed contracts or for liability arising from an allision…
Fazzio Law Blog
Rethinking Force Majeure in Commercial Real Estate
By John Fazzio
Rethinking Force Majeure in Commercial Real Estate Translated from its French origin, the term force majeure literally refers to a “superior force”—one that is “neither anticipated nor controlled.” New Jersey…
Evisort Twenty
Scarlett Johannson’s ‘Black Widow’ Lawsuit Versus Disney
By Memme
The dreadful impacts of Covid-19 are still having their effect on business, commerce, and people worldwide. The pandemic has forced many companies to re-examine the force majeure clauses in their…
Allens Insights
Court upholds validity of fixed capacity charges
By Allens
Review your force majeure notice requirements 5 min read The recent Queensland Supreme Court decision North Queensland Pipeline No 1 Pty Ltd v QNI Resources Pty Ltd1 has confirmed the…