On October 20, 2020, Seyfarth partner Sara Beiro Farabow returned to lecture (virtually this time) before graduate engineering students at the Polytechnic University of Milan, the #1 ranked engineering university in Italy. This session of the masters course, “Contract, Claim and Delay Management in Construction Works,” provided a comparative legal analysis of U.S.
Force Majeure, Commercial Impracticability, and Frustration of Purpose
The outbreak of COVID-19 has been one of the most disruptive events to the global economy in recent memory. Businesses across every sector of the economy are scrambling to determine the legal repercussions of government travel restrictions, labor shortages, supply chain interruptions, financing impacts, and market price…
On Wednesday, March 25, 2020, Seyfarth attorneys Sara Beiro Farabow and Teddie Arnold will present in an 8-part webinar hosted by the Association of General Contractors, which will include a discussion of various topics salient to the outbreak of the COVID-19 virus. The webinar is titled, Navigating the Outbreak, Part III: The Contractual and Related …
Globally, many developers and contractors are scrambling to identify available contractual relief as the Coronavirus (COVID-19) disrupts cross-border supply chains. US businesses will recall a similar effort just eighteen months ago, when the Trump Administration announced increased tariffs on $300 billion of Chinese goods. That trade war prompted companies to scrutinize remedies and mitigate associated project risks by tapping alternative sources originating in other Asian countries and Canada. Once again, construction industry stakeholders should reexamine delay provisions in pending and future contracts to mitigate risks arising from project disruptions caused by COVID-19.
This article provides an overview of US case law interpreting the doctrine of force majeure in the context of disease-related delay claims. Drawing on that guidance, we then identify practical considerations for applying existing force majeure or related delay provisions and how they may be modified for future projects.
Continue Reading Managing Project Risk Associated with the Coronavirus Outbreak Through Force Majeure Provisions