News & Analysis as of

Suppliers Force Majeure Clause

DLA Piper

Contracting for Turbulent Times

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It's fair to say that recent years have been challenging for business. Numerous disruptive events have put pressure on global supply chains. And the nature of these events has been unpredictable and varied. The COVID-19...more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

Hanson Bridgett on

Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Womble Bond Dickinson

Weathering the Storm: Contract Strategies for Supply Chain Resilience in the UK and US

Womble Bond Dickinson on

In the post-Covid era, we are all familiar with the concept of supply chain disruption. International supply chains have been impacted by war in Ukraine, geopolitical tensions, extreme weather events and climate change. They...more

Warner Norcross + Judd

AirBoss Looms Large as Stellantis Loses Bid for an Injunction

Warner Norcross + Judd on

The Michigan Supreme Court’s July 2023 decision in MSSC, Inc v AirBoss Flexible Prods Co renewed many suppliers’ ammunitions in customer negotiations. One OEM, however, has been publicly pushing back against those arguments,...more

Quarles & Brady LLP

Supply Chain Survival Series: Force Majeure (Article #9)

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In our previous article, we discussed anticipatory repudiation and demands for adequate assurances—legal concepts that may arise when a party to a contract expects that its counterparty may not perform its end of the bargain....more

Eversheds Sutherland (US) LLP

Why a decision out of Texas might have changed what qualifies as a force majeure event

MIECO LLC v. Pioneer Nat. Res. USA, Inc. - May a seller of energy invoke force majeure to excuse its non-performance under a delivery contract – a contract that obligates the seller to deliver a particular quantity of...more

Baker Donelson

Supply Chain Risks Cause Challenges and Provide Opportunities

Baker Donelson on

In light of ever-growing complex business arrangements, companies are increasingly dependent on cross-border supply chain networks. Supply chains networks, which usually encompass development, sourcing, production,...more

Herbert Smith Freehills Kramer

Négociation annuelle 2022 – Réduire et maîtriser les pénalités logistiques dans les conventions écrites

Depuis début décembre, acheteurs et vendeurs sont entrés dans les « boxes » des négociations afin de finaliser avant le 1er mars les conventions régissant leurs relations commerciales pour l’année 2022. Au cœur des...more

Stinson LLP

Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?

Stinson LLP on

While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone's experience. Prior to COVID-19, material costs have spiked for...more

McDermott Will & Emery

Key Takeaways | How Solar Industry Leaders are Addressing and Overcoming the US–China Trade War

McDermott Will & Emery on

The US-China trade war has caused a significant impact on the solar industry, and that impact is expected to grow. In this webinar, learn how solar industry leaders are handling the effects of the US–China trade war and how...more

Foley & Lardner LLP

At What Price?: Pricing Strategies to Deal with Rising Costs

Foley & Lardner LLP on

As costs of raw materials and freight rise, some suppliers are facing the dilemma of locked-in product prices with customers and an inability to respond to declining profit margins. Historically, suppliers have been able to...more

Adams & Reese

Material Price Escalation Has Become a Source of Substantial Conflict in Construction Contracting

Adams & Reese on

The cost of building materials has risen significantly this year. Who should bear this risk and how can the various parties to construction contracts mitigate this risk? Owners, contractors, subcontractors, and...more

K&L Gates LLP

Litigation Minute: Legal Considerations for Supply Chain Disruptions

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The COVID-19 pandemic has disrupted supply chains around the world requiring many companies to adjust operations and their business. Supply chain litigation has not erupted as...more

Robinson+Cole Manufacturing Law Blog

Force Majeure Litigation Involving Manufacturers

Earlier this year, I provided our 2021 Corporate Compliance and Litigation Outlook for Manufacturers. I noted that even though we had been counseling a lot of manufacturers on force majeure events (i.e., the ability to...more

Robinson+Cole Manufacturing Law Blog

2021 Corporate Compliance & Litigation Outlook for Manufacturers

2021 Corporate Compliance & Litigation Outlook for Manufacturers - In late 2012, we created the Manufacturing Law Blog with the goal of providing our manufacturing clients with a holistic approach to the unique issues...more

Foley & Lardner LLP

A Supplier’s Post-Pandemic Guide to Overhauling Force Majeure Provisions

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Suppliers have faced unique challenges in keeping their products and services flowing into the marketplace during a pandemic. In response to COVID-19, suppliers have revisited their default procedures and have developed...more

Foley & Lardner LLP

RFP Lessons Learned from COVID-19

Foley & Lardner LLP on

COVID-19 supply chain disruptions and how suppliers and service providers have handled such disruptions have prompted procurement teams to reconsider whether business should be shifted away from suppliers that have performed...more

Foley & Lardner LLP

Should Parties Color Outside the Lines of Force Majeure to Excuse COVID-19 Related Supply Chain Disruptions?

Foley & Lardner LLP on

Throughout the COVID-19 pandemic, manufacturers, suppliers, and distributors are attempting to mitigate the risks that accompany supply chain disruptions by incorporating a variety of related terms into their force majeure...more

Akin Gump Strauss Hauer & Feld LLP

Take or Pay: Does the Law of Penalties Apply?

Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more

Troutman Pepper Locke

Best Practice With Notices for Force Majeure Events

Troutman Pepper Locke on

As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more

Hogan Lovells

Dealing with supply interruptions and restrictions due to COVID-19 in German Law

Hogan Lovells on

The coronavirus SARS-CoV-2 ("COVID-19") is a stress test for many supply chains. The associated restrictions have the potential to disrupt production processes and confront manufacturers and suppliers alike with considerable...more

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

Seyfarth Shaw LLP on

When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more

Robinson+Cole Manufacturing Law Blog

Force Majeure both for Contracts/Suppliers, Cancellation of Trade Shows

Fellow Manufacturing Industry Team member, Taylor Shea and I had the pleasure of presenting the first program in the “Coronavirus Special Topic Conference Calls Series” offered by the U.S. Department of Commerce and the...more

Katten Muchin Rosenman LLP

Force Majeure: Friend or Foe Amidst COVID-19

This Katten advisory considers how UK businesses could seek to rely on the principles of force majeure or frustration to suspend or end performance of contractual obligations (without liability) should that be required in...more

Greenbaum, Rowe, Smith & Davis LLP

COVID-19 Construction Alert: Force Majeure and Notice Provisions in Construction Contracts Take Center Stage in the Age of...

Before the advent of COVID-19, nobody paid much attention to force majeure clauses in construction contracts. These clauses were often boilerplate provisions, tucked away in the general conditions part of the contract...more

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