As COVID-19 forces major business disruptions, force majeure clauses are increasingly pertinent across nearly every industry.
In this episode of the Harris Beach podcast, Dave Clar, leader of the firm’s Corporate Practice Group, and Elliot Hallak, member of the firm’s Business and Commercial Litigation Practice Group and Financial Institutions and Capital Markets Industry Team share their perspective and address questions they are hearing from clients about these extraordinary act clauses.
Courts have historically discouraged reliance on force majeure provisions, and have strictly construed contracts in favor of performance. However, because COVID-19 is a pandemic with unprecedented ramifications, Dave and Elliot address a landscape likely to rapidly evolve.