[WSBARP] Retail Tenants and Commercial Frustration

[Andrew Hay]

This is probably coming up for many folks, especially with retail clients.

My initial legal framework for this is

              Is there a force majeure clause in the lease?

              Does the pandemic and/or its restrictions qualify for commercial frustration or impracticability of performance?

Does force majeure or commercial frustration/impracticability defense help the individual guarantors?

For handling this problem

              Informal discussion with LL – first step
              Formal mediation second – 2nd
              Litigation or arbitration - 3rd

Does this seem sound?  How strong is a commercial frustration or impracticability argument for this pandemic?


Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
253.272.2400 (w)
253.377.3085 (c)
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