Force Majeure in the COVID Era

The Tools You Need to Help Manage Potential COVID-19 Impacts on Your Construction Projects

Speakers: Matt Emmons, shareholder at Baker Donelson & Nicholas Pitre, associate at Baker Donelson

PROGRAM DESCRIPTION

COVID-19's unique and unprecedented impact has the entire construction industry taking a fresh look at the force majeure provisions in their construction contracts to both glean a better understanding of their rights and obligations under existing contracts and make any necessary revisions for future contracts. We need to ensure that force majeure risks are contractually allocated in accordance with the parties' expectations.

In this presentation, we will discuss how force majeure and related provisions are addressed in some of the more common construction contract forms and at law in the absence of a contractual provision. We will also explore some of the necessary considerations for future contracts where impacts associated with COVID-19 are known or reasonably foreseeable.

Learning Objectives:  

• Learn how force majeure and related provisions are addressed in some of the more common construction contract forms and at law in the absence of a contractual provision
• Explore some of the necessary considerations for future contracts where impacts associated with COVID-19 are known or reasonably foreseeable
• Look at the force majeure provisions in their construction contracts to both glean a better understanding of their rights and obligations under existing contracts and make any necessary revisions for future contracts.

CPE: 1 Hour
Level: Basic
Prerequisites: None

The Construction Financial Management Association (CFMA) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org

FEATURED SPEAKERS

Matt Emmons is a shareholder at Baker Donelson. Matt's practice focuses on construction law – both litigation and transactional – providing effective and efficient legal counsel to contractors, subcontractors, owners, developers, design professionals, suppliers, and other construction parties in all aspects of public and private commercial, industrial, and residential construction. Matt is recognized as a leading Louisiana lawyer in Construction Law by Chambers USA (2016 – 2020), is listed in The Best Lawyers in America® in Construction Law (2020-2021), and has been selected as a “Rising Star” in the field of Construction Litigation by Louisiana Super Lawyers (2015-2021).

Nicholas Pitre is an associate at Baker Donelson. Nick concentrates his practice in construction law, with a primary emphasis on public bid and procurement law, including advising public and private clients on public bid and procurement procedures and prosecuting and defending bid/procurement protests; contractor and design professional licensing, including issues related to mergers and acquisitions and change in corporate form; and litigation of construction matters, including construction contract disputes, defect claims, delay claims, Private and Public Works Act issues, and any other construction related issues that may arise from inception of a project through and following its completion. Nick has been recognized as a Best Lawyers in America® "Ones to Watch" in Commercial Litigation and Construction Litigation (2021).