The coronavirus disease 2019 (COVID-19) pandemic is having an adverse worldwide impact on the ability of parties to perform their commercial contracts, including supplying goods and services. In recent weeks, much has been written on the interpretation of force majeure provisions. However, force majeure is just one piece in the mosaic of issues that should be considered in light of the COVID-19 pandemic. See our prior alert here.
In these flowcharts, we provide considerations for analyzing commercial contracts in the context of the COVID-19 pandemic through a logical process flow of legal, operational and commercial factors that can serve as a practical checklist.
While some of the legal elements of this document are unique to the United States, many will have counterparts in other countries, and the operational and commercial considerations may share many similarities around the world.
See the flowcharts.
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This information does not, and is not intended to, constitute legal advice. All information, content, and materials are for general informational purposes only. No reader should act, or refrain from acting, with respect to any particular legal matter on the basis of this information without first seeking legal advice from knowledgeable counsel.