Not long ago, the “Force Majeure” clause embedded in the boilerplate of form construction contracts often was dismissed as a “catch-all” for potential unforeseeable and uncontrollable catastrophes, each as unlikely to happen as the next. Contractors and owners attempted to shoehorn this defense into a wide range of natural and unnatural events. Then came 2020, and with it, a new and contemporary interpretation of the traditional “force majeure” concept as COVID-19 and Federal, State, and Local governmental shutdowns wreaked havoc and uncertainty in the construction industry, the effects of which will remain for many years. While we are only beginning to scratch the surface of construction litigation and the various impacts caused by COVID-19-related shutdowns and disruptions, the current and projected effects of COVID-19 have reinforced the need and importance of carefully planning for the unexpected when negotiating construction contracts.
This program will address:
Who should attend:
This historical and empirical discussion will benefit all project participants, from owner/developers, lenders, and insurers to contractors and lower-tier trades, in identifying and providing guidance in allocating project risks in today’s rapidly changing environment. COVID-19 is the latest example and reminder of project risks that we cannot avoid but for which we can prepare.