As discussed in previous updates, courts across the country continue to grapple with the application of force majeure provisions in contracts, as well as the related legal doctrines of impossibility, frustration of purpose,...more
10/29/2020
/ Breach of Contract ,
Business Interruption ,
Carriage Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Force Majeure Clause ,
Infectious Diseases ,
Insurance Claims ,
Performance Standards ,
Policy Terms
As discussed in our last update, the legal landscape continues rapidly to evolve in response to COVID-19. Six recent decisions, summarized below, highlight the continuing uncertainty as to the application of certain laws and...more
8/12/2020
/ Business Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Foreclosure ,
Frustration of a Common Purpose ,
Landlords ,
Real Estate Market ,
Right To Cure ,
Safety Standards ,
Tenants
In the wake of the recent COVID-19 pandemic, and its economic disruption, some contracting parties may seek to be excused from performance under their contracts. For contracts subject to New York law, including insurance...more
3/23/2020
/ Business Interruption ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Force Majeure Clause ,
Infectious Diseases ,
Performance Standards ,
Public Health ,
Risk Management ,
Supply Chain
Parties structuring transactions or business relationships often attempt to shift risk to their counter-party by having such party included as an additional insured on the counter-party’s insurance policies. In the real...more
12/29/2016
/ Additional Insured ,
Additional Insured Endorsements ,
Appeals ,
Commercial Insurance Policies ,
Construction Industry ,
Construction Managers ,
Contract Terms ,
Insurance Industry ,
Prime Contractor ,
Privity of Contract ,
Reversal ,
Subcontractors