Drafting a Fair Force Majeure Provision In the Wake of COVID-19

Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.

8 minute read May 01, 2021 at 12:13 AM

Scott R. Lippert and

Darcy Baboulis-Gyscek

Drafting a Fair Force Majeure Provision In the Wake of COVID-19

Now that we have endured more than one year of living in a pandemic, the question arises: how has it affected the manner in which commercial real estate transactions should be negotiated and documented?

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