A Practical Guide to Shaping Force Majeure Provisions During the Pandemic

Los Angeles Lawyer | December.15.2020

In this article in Los Angeles Lawyer magazine, partner Stacy Harrison and associate Ryan Booms provide extensive guidance on crafting force majeure clauses against the backdrop of the Covid-19 pandemic.

Stacy and Ryan offer a roadmap for companies that stresses the importance of developing tailored force majeure provisions – and preparing for all potential challenges.

“Critically, parties should tailor the force majeure provision to their concerns rather than rely on a boilerplate provision,” the article states. “The provision should clearly articulate: 1) the specific events that may excuse performance, 2) the standard that must be met to excuse performance (for example, whether performance is impossible or impracticable), 3) delineated additional obligations such as notice and mitigation, and 4) the consequences of triggering the force majeure provision (suspension, termination, and/or a monetary solution).”