Contract Crisis: Government & Private Contracts

Contract Crisis:

Government & private contracts – force majeure, terminations, suspensions and suggested immediate action items

Thursday,  Nov. 19, 2020    2:00 Central time

During this Covid-19 Crisis, you as contractors are facing project holds, schedule delays, work stoppages, material shortages, payment delays, terminations for convenience and default, and compliance issues all beyond your control.

This workshop will help to demystify various government and commercial contract clauses that can be used to help you through these trying times. One such clause is the Force Majeure clause that can excuse performance if the event is beyond the control of the parties. However, this clause can either hurt or help you depending on how the language was drafted. We will discuss numerous contract clauses contained in government and private contracts that can impact your current and future bottom line. We also discuss other federal and commercial contract clauses to consider and seek financial and other relief. The workshop is packed with information and questions are encouraged.

Among the numerous topics we will discuss and frequently asked questions we will consider:

• What is a force majeure and when can it be invoked?
• What is the difference between the federal Force Majeure clause with force majeure clauses in commercial contracts?
• Does the COVID-19 pandemic mean an automatic “pass” for non-performance?
• Various Federal Laws and Regulations including FARS that govern rights to request additional time and compensation for delays as well as defenses to defaults and liquidated damage assessments on federal projects
• Is there a difference in “excusable” clauses between the Federal Government and private sector.
• Work stoppages and the right to compensation.
• What if I don’t have a force majeure clause in my contract?
• What is my duty to mitigate damages due to force majeure (OVID-related delays?
• Can I make a claim for additional costs incurred due to complying with federal and local COVID-19 mandates such as costs of N95 masks, gloves, hand sanitizers, IT costs for employee teleworking and related contract costs?
• What is the law on Commercial impossibility or impracticability as they relate to my contracts?