[CLC-Discussion] Force Majeure

[Ed Kinberg]

That's the key problem that always seems to plague in construction, having
solid contemporaneous records that show the impact. The one case I saw
relied heavily on detailed records on both facts and cost

On Mon, Jun 1, 2020, 4:39 PM Christopher Furlong <chris at baconandbacon.com>
wrote:

> 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
>
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>
> 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
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