Over the past 10 weeks, there has been more talk and attention on force majeure than most lawyers have experienced since law school. This almost omnipresent clause in contracts is usually just buried in boilerplates. We are not saying the current attention isn’t warranted, but there are many other contract risks tied to the COVID-19 pandemic deserving of consideration, as the nation and the world adjust to the “new normal.” These contract risks will also impact the contracting process for years to come. Organizations need to rethink their approach.

First, current contracts should be reviewed and analyzed to determine what conditions need to be met before the performance requirements can be changed. Can the timing be changed? Can the duties be adjusted due to the current conditions? This is often covered in the force majeure provisions but can be governed by other clauses in the agreement. It is important to know that.

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