With the World Health Organization declaring COVID-19 a pandemic on 11 March 2020, increased focus is on force majeure provisions in contracts. What is force majeure, and is COVID-19 covered under such provisions? What are potential remedies if COVID-19 falls within the definition of a force majeure event in a contract?
TalksOnLaw's Joel Cohen talks with Baker partner José Morán about how and when COVID-19 may qualify as a force majeure event and what common provisions look like. Morán explains the two most common structures, some exclusions that may prohibit a claim, and how courts are likely to interpret the provision.