The pandemic will forever change how people conduct business and use real estate. These changes will necessitate that people reexamine how they allocate risk in their contracts.
Read MoreThe coronavirus pandemic has revealed gaps in traditional severability provisions, which leave parties vulnerable to having to decide between breaching a contract or violating a government order or CDC recommendation..
Read MoreMany contracts have material adverse change provisions, even if those words aren't used. Parties should examine contract material adverse change and related provisions to ensure they address the parties’ needs in light of the COVID-19 pandemic.
Read MoreParties entering into contracts during this historic pandemic may want a COVID-19 specific force majeure clause. Since these clauses cover a force majeure event that is already occurring, they require different considerations than typical force majeure clauses.
Read MoreBusiness owners should review their contracts and take steps to assure that contract notice provisions include options that will reach the business during a period of mandatory seclusion.
Read MoreMarket changes and governmental requirments due to coronavirus may trigger contract force majeure provisions and excuse parties from contract performance.
Read MoreThe implied covenant of good faith and fair dealing exists, at least to some extent, in every state's law. Yet, parties often do not consider the implied covenant's impact when negotiating and performing contracts.
Read MoreIt may not create a huge additional risk to use an abbreviated date. Yet, it also doesn’t hurt to use the full year when signing a document.
Read MoreContractually shortened statutes of limitations are becoming more popular in real estate contracts to provide certainty and finality for the parties.
Read MoreSometimes parties need to legally backdate a document. However, even legal backdating can have negative consequences.
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