When events such as war, natural disasters, labor strikes, acts of God, and pandemics disrupt business operations, a party to a contract should review the force majeure provision in its existing contracts to determine whether performance obligations can be modified or cancelled in light of the event. Whether a party may rely on such provisions or related common law doctrines to excuse contractual performance depends on the specific language of the contract and the relevant governing law.
Attorneys in Saul Ewing’s multi-disciplinary Force Majeure Litigation Team advise clients with issues related to contract performance and disputes in light of force majeure events by:
- Reviewing existing contracts for options to delay or avoid performance obligations
- Drafting force majeure notices
- Responding to force majeure notices
- Prosecuting/defending breach-of-contract litigation involving force majeure and related doctrines
Our team regularly monitors and studies trends, decisions, and laws relevant to force majeure and other contract-related doctrines across relevant jurisdictions, which help inform our counsel.
