[WSBARP] Retail Tenants and Commercial Frustration
Michael Brandt
mbrandt at brandtlawgroup.com
Thu Apr 23 12:01:37 PDT 2020
Andrew:
Here is an article on the subject that I just posted to my website: https://brandtlawgroup.com/leases-and-contracts-in-the-age-of-a-pandemic-an-actual-event-that-may-qualify-as-a-reason-for-rent-abatement-or-termination-of-a-lease-or-contract/
Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.com/>
[Description: BPLogoTag4Email]
PLEASE NOTE: In response to the current situation involving the coronavirus, Brandt Law Group employees are working remotely. Because of this, our response may be delayed. During this time, please do not rely upon mail or messenger delivery; please use electronic communications. We ask for your patience, cooperation, and understanding during this very unusual time.
The information contained in this e-mail and in any attached document(s) is CONFIDENTIAL and may be protected by attorney-client privilege and/or the work-product doctrine. The e-mail (and attached document(s)) is intended for use by the person(s) to whom this e-mail is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of such e-mail and/or document(s) is strictly prohibited. If you have received this e-mail and/or any attached document(s) in error, please immediately notify us by telephone at (206) 441-5739.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
Sent: Wednesday, April 22, 2020 7:03 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Retail Tenants and Commercial Frustration
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)
THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200423/52896ea2/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 13933 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200423/52896ea2/image001.jpg>
More information about the WSBARP
mailing list