The core question nonetheless remains this: when do the provisions of an otherwise valid contract or the process by which it was agreed to reach a point where courts are willing to break with the presumption of validity and declare it unenforceable?
Practice Area: Contracts
New York has seen quite a bit of litigation surrounding these circumstances, with parties citing force majeure and related common law doctrines as bases to avoid liability for failure to perform their contractual obligations. This article provides an update on some recent New York cases impacting these salient legal issues.
There is simply no substitute for a well-drafted contract with concise language. This is doubly true now in the coronavirus era. Jill Pilgrim of New York City (Pilgrim & Associates) discussed what lawyers can expect and what tried-and-true negotiation lessons remain paramount in the CLE webinar, “Negotiating Contracts in the Era of COVID-19: Contract Provisions, … Continued
Many in the construction industry may be concerned with the widespread effects of COVID-19 as it relates to fulfilling their contractual duties and obligations. In this new environment, force majeure clauses (French for “superior force”) will bear heightened scrutiny. Pursuant to Governor Andrew M. Cuomo’s “New York State on PAUSE” Executive Order No. 202.6, New … Continued
This article explores potential frameworks for navigating contractual challenges in light of potential future litigation relating to the coronavirus public health emergency.