[CLC-Discussion] Force Majeure

[Christopher Furlong]

What are the circumstances and what is the specific claim?  I do a lot of
real estate work and have had several clients (buyers and sellers,
landlords and tenants) ask similar questions.  Without specifics as to how
the Pandemic allegedly impacted the contract at issue, its hard to argue
one way or another.



For example, I represent a commercial land developer, who is party to a
hybrid build to suit contract.  The tenant has generically alleged Force
Majeure, without providing any specifics as to how it has been impacted.
If the tenant had asserted that, due to the shutdown, permitting has been
delayed or supplies are unavailable, I believe an argument could be made.
However, without such allegations, and evidence supporting the same, I’d
argue there is no basis for such a claim.



Hope the above helps,



*Christopher S. Furlong, Esquire*

*Bacon, Bacon & Furlong, P.A.*

2959 1st Avenue North

Saint Petersburg, FL 33713

Telephone: 727-327-3935

chris at baconandbacon.com



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*From:* clc-discussion-bounces at lists.flabarrpptl.org <
clc-discussion-bounces at lists.flabarrpptl.org> *On Behalf Of *Laurie Sams
*Sent:* Monday, June 1, 2020 2:19 PM
*To:* clc-discussion at lists.flabarrpptl.org
*Subject:* [CLC-Discussion] Force Majeure



Does anyone know if a pandemic is considered an act of god and thus subject
to a force majeure provisions? AND if it is, then what if the contract was
entered into after the start of the pandemic?



Laurie B. Sams

Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams at comcast.net

www.vwslaw.com



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