[WSBARP] Retail Tenants and Commercial Frustration
Andrew Hay
andrewhay at washingtonlaw.net
Wed Apr 22 19:02:43 PDT 2020
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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