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Force Majeure Clause Natural Disasters

Gray Reed

Weathering the Storm – Part 3: Force Majeure in Construction Contracts

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Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable,...more

Womble Bond Dickinson

The Importance of Understanding Force Majeure Clauses in Contracts Amid Recent Disasters

Womble Bond Dickinson on

In recent years, natural disasters have become increasingly frequent and severe, disrupting industries and communities worldwide. Events such as Hurricane Helene and the extreme weather conditions experienced in Western North...more

Lowndes

Hurricane Idalia: Take a Hard Look at the Force Majeure Clauses and Your Business Risks

Lowndes on

With Hurricane Idalia about to cross Florida, people are naturally focused on preparations and the potential adverse impacts that it will have. For businesses, that should include analysis of contractual obligations that...more

Patton Sullivan Brodehl LLP

Covid-19 Pandemic And Related Closures Do Not Excuse Commercial Tenant’s Failure To Pay Rent

One of the questions in real estate law arising out of the pandemic is what impact the pandemic and related closure orders would have on commercial leases, and in particular a tenant’s obligation to pay rent. Many, if not...more

Akerman LLP

Tips for Responding to a Notice of Construction Delay Arising From a Hurricane

Akerman LLP on

Hurricane Ian’s unprecedented size and strength is taking a major toll on the state of Florida and other areas in the southeast United States, which is likely to cause impacts to the construction industry. Akerman attorneys...more

Kaufman & Canoles

UCLA and Under Armour Settle for $67.5M

Kaufman & Canoles on

It was announced that UCLA will receive a settlement payment in an amount of approximately $67.5 million from sports apparel manufacturer Under Armour to resolve a lawsuit stemming from the termination of a sponsorship deal....more

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season

Lowndes on

This year, forecasters at the National Oceanic and Atmospheric Administration correctly predicted another above-average Atlantic hurricane season, which runs June 1 through November 30. With Hurricane Ida leaving devastation...more

Morgan Lewis - Tech & Sourcing

Key Considerations for Business Continuity and Disaster Recovery Provisions

Planning for major service disruptions and disasters, such as prolonged power failures, fires, flooding, and other extreme weather events, is an important element of strategic technology and service agreements. ...more

Vinson & Elkins LLP

Force Majeure In Emerging Markets: Mitigating Risk For Construction And Energy Investors

Vinson & Elkins LLP on

Although emerging markets offer a wealth of investment opportunities, political instability and government responses to adverse events present risks for foreign investors. This article considers key dispute risks related to...more

Beveridge & Diamond PC

Top Ten Tips for Seeking Enforcement Discretion and Preserving a Weather Disaster Force Majeure Affirmative Defense before the...

The Texas Commission on Environmental Quality (TCEQ) has taken various actions and posted guidance to help regulated entities address operational issues and environmental noncompliance that resulted from power outages, water...more

Hicks Johnson

A Perfect Storm: How Will Contracts Be Impacted by Conditions in Texas?

Hicks Johnson on

Arctic cold and historic snowfall this February have caused substantial disruption nationwide, in particular in the state of Texas. Widespread, record low temperatures, combined with unprecedented demand on the power supply,...more

Holland & Knight LLP

Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster

Holland & Knight LLP on

"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more

Eversheds Sutherland (US) LLP

COVID-19: Natural disaster or contractual quandary?

As the ever-evolving COVID-19 pandemic is no longer considered “unprecedented” and the restrictions associated with the pandemic have become a part of “the new abnormal,” district courts nationwide are beginning to grapple...more

Proskauer - Minding Your Business

COVID-19 and Immunity from Liability

Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Contract Terminations Due to COVID-19-Based Force Majeure – Natural Disasters

A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’...more

Adler Pollock & Sheehan P.C.

Unprecedented Natural Disaster: An Update On Force Majeure In The Covid-19 Era

Individuals often resort to familiar turns of phrase when asked to describe the events of 2020, and particularly the COVID-19 pandemic. Some call it a catastrophe or a nightmare. Others opt for something more idiomatic—a...more

Lowenstein Sandler LLP

Southern District of New York: COVID-19 Can Constitute A Natural Disaster Justifying Force Majeure Defense, But The Contract...

Lowenstein Sandler LLP on

Case law is beginning to take shape on the relationship among the COVID-19 pandemic, related government-mandated shutdowns, and force majeure clauses in contacts. There have been very few reported decisions in this arena,...more

Morgan Lewis

NY Federal Judge Rules COVID-19 Pandemic Constitutes ‘Natural Disaster’ in Excusing Contract Performance

Morgan Lewis on

The coronavirus (COVID-19) pandemic constituted a “natural disaster” under a contract’s force majeure provision, Judge Denise Cote of the US District Court for the Southern District of New York recently ruled in JN...more

Cole Schotz

The Southern District Of New York Finds That COVID-19 Is A “Natural Disaster”

Cole Schotz on

The Southern District of New York has recently issued a decision that could ultimately have a significant impact on the enforceability of contracts that required performance during the COVID-19 pandemic. In JN Contemporary...more

K&L Gates LLP

Disaster Preparedness Toolkit

K&L Gates LLP on

While the onset of a natural disaster is generally unpredictable, we have become accustomed to bracing ourselves for the inevitable hurricane, tornado, flood, or wildfire. Preparation for business disruptions as a result of...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Carlton Fields

The Hurricane is Coming in Five Days - Are We Ready for This?

Carlton Fields on

On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149...more

White & Case LLP

Force Majeure: substantial damages even if you cannot perform

White & Case LLP on

In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure event to excuse liability...more

Shutts & Bowen LLP

Contractors: Are your contracts prepared for a Hurricane? A look into force majeure clauses following Hurricane Michael.

Shutts & Bowen LLP on

Hurricane Michael made landfall on the Florida panhandle as the third strongest Atlantic hurricane on record to hit the United States. Hurricane Michael was the strongest hurricane, in terms of sustained winds, to hit the...more

Foley & Lardner LLP

Force Majeure Best Practices – Hurricane Florence Edition

Foley & Lardner LLP on

The threat presented by Hurricane Florence has forced government officials to order South Carolina residents to evacuate hurricane zones. The mandatory evacuation and closure of many businesses and schools in the area has...more

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