COVID-19 and Contracts
Mark Henriques has litigated contract cases for 27 years and brings a practical, litigation-oriented approach to drafting and negotiating contracts. Mark is a partner with Womble Bond Dickinson, a transatlantic firm with over 1000 attorneys, where he has practiced since 1991. Mark is a skilled trial lawyer who has successfully handled and tried cases in a variety of contexts ranging from breach of contract to class actions. He has experience in state and federal court in both North and South Carolina. Mark has successfully handled numerous trials, arbitrations, and mediations. Mark has served as the first chair in more than eight jury trials, five of which lasted a week or more. He has successfully argued cases before the Fourth Circuit Court of Appeals and the North Carolina Court of Appeals. His areas of focus include technology, construction, manufacturing, and real estate disputes.
COVID-19 is disrupting supply chains around the world and causing sharp drops in demand. Business is trying to decide whether and how to terminate or cancel contracts, and if they can avoid liability for breach.
We will discuss how to handle contract cancellations because of the impacts of the coronavirus pandemic. We will focus on a little know contract clause called “force majeure” and look at how the clause might apply to situations involving the coronavirus. We will also discuss the concept of contractual “impossibility.”
- What is a force majeure clause
- When is it triggered
- What are the risks associated with invoking the clause
- What contract defenses are potentially applicable
- What factors to consider when asserting a defense
- How to protect your rights
Course Level - Basic
Who Should Attend
- Contract Managers
Why Should You Attend
Many companies experienced supply disruptions and all types of contracts have been cancelled due to COVID-19.
Upon course completion, you will be able to:
- Understand your contractual defenses
- Define force majeure
- Evaluate whether defenses apply to your situation
- Advice business folks on their options
- Re-draft contract provisions to address pandemics