Force Majeure
Does anyone know if a pandemic is considered an act of god and thus subject
to a force majeure provisions? AND if it is, then what if the contract was
entered into after the start of the pandemic?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
mailto:lauriesams@comcast.net lauriesams@comcast.net
http://www.vwslaw.com www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until
further notice, our firm will be operating remotely. We are working hard to
serve each of you; however, you may experience some delay in our response as
we adjust schedules to accommodate state and local guidelines. Our primary
communication will be via email. If you require voice communication, you are
encouraged to call the office and leave a voice mail at extension 366. I
will do our best to return phone calls. I will continue to process and close
files as required and/or permitted. For clients that have upcoming real
estate closings, signing dates and times will be scheduled with the Closer
and will be facilitated in office or via mail away. We wish everyone good
health and safety through this challenging time.**
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I know since my daughter's wedding had to be postponed and I didn't get my deposit back that in the wedding industry it is not considered such.
Alan E. Tannenbaum
Board Certified Construction Lawyer
TANNENBAUM SCRO, P.L.
1990 Main Street, Suite 725
Sarasota, Florida 34236
atannenbaum@tannenbaumscro.com
Direct Phone #: (941) 308-3157
Department Fax: (941) 316-0515
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Laurie Sams
Sent: Monday, June 01, 2020 2:19 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Force Majeure
Does anyone know if a pandemic is considered an act of god and thus subject to a force majeure provisions? AND if it is, then what if the contract was entered into after the start of the pandemic?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.netmailto:lauriesams@comcast.net
www.vwslaw.comhttp://www.vwslaw.com
We DO NOT accept or Request changes to wiring instructions via email or fax.
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. We are working hard to serve each of you; however, you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communication will be via email. If you require voice communication, you are encouraged to call the office and leave a voice mail at extension 366. I will do our best to return phone calls. I will continue to process and close files as required and/or permitted. For clients that have upcoming real estate closings, signing dates and times will be scheduled with the Closer and will be facilitated in office or via mail away. We wish everyone good health and safety through this challenging time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone (941) 923-1685, or e-mail at lauriesams@comcast.netmailto:lauriesams@comcast.net and immediately delete this message and all of its attachments.
What are the circumstances and what is the specific claim? I do a lot of
real estate work and have had several clients (buyers and sellers,
landlords and tenants) ask similar questions. Without specifics as to how
the Pandemic allegedly impacted the contract at issue, its hard to argue
one way or another.
For example, I represent a commercial land developer, who is party to a
hybrid build to suit contract. The tenant has generically alleged Force
Majeure, without providing any specifics as to how it has been impacted.
If the tenant had asserted that, due to the shutdown, permitting has been
delayed or supplies are unavailable, I believe an argument could be made.
However, without such allegations, and evidence supporting the same, I’d
argue there is no basis for such a claim.
Hope the above helps,
Christopher S. Furlong, Esquire
Bacon, Bacon & Furlong, P.A.
2959 1st Avenue North
Saint Petersburg, FL 33713
Telephone: 727-327-3935
Confidentiality Notice: The information contained in this email message is
intended for use of the recipient listed above. This message may contain
information that is protected by attorney/client or other legal privilege.
Any unauthorized use is strictly prohibited.
From: clc-discussion-bounces@lists.flabarrpptl.org <
clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *Laurie Sams
Sent: Monday, June 1, 2020 2:19 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Force Majeure
Does anyone know if a pandemic is considered an act of god and thus subject
to a force majeure provisions? AND if it is, then what if the contract was
entered into after the start of the pandemic?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.net
*We DO NOT accept or Request changes to wiring instructions via email or
fax. *
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and until
further notice, our firm will be operating remotely. We are working hard to
serve each of you; however, you may experience some delay in our response
as we adjust schedules to accommodate state and local guidelines. Our
primary communication will be via email. If you require voice
communication, you are encouraged to call the office and leave a voice mail
at extension 366. I will do our best to return phone calls. I will
continue to process and close files as required and/or permitted. For
clients that have upcoming real estate closings, signing dates and times
will be scheduled with the Closer and will be facilitated in office or via
mail away. We wish everyone good health and safety through this challenging
time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential
attorney-client communication or may otherwise be privileged or
confidential. If it is not clear that you are the intended recipient, you
are hereby notified that you have received this transmittal in error. In
that case, any review, dissemination, distribution or copying of this
transmittal is strictly prohibited. If you suspect that you have received
this communication in error, please notify us immediately by telephone
(941) 923-1685, or e-mail at lauriesams@comcast.net and immediately delete
this message and all of its attachments.
That's the key problem that always seems to plague in construction, having
solid contemporaneous records that show the impact. The one case I saw
relied heavily on detailed records on both facts and cost
On Mon, Jun 1, 2020, 4:39 PM Christopher Furlong chris@baconandbacon.com
wrote:
What are the circumstances and what is the specific claim? I do a lot of
real estate work and have had several clients (buyers and sellers,
landlords and tenants) ask similar questions. Without specifics as to how
the Pandemic allegedly impacted the contract at issue, its hard to argue
one way or another.
For example, I represent a commercial land developer, who is party to a
hybrid build to suit contract. The tenant has generically alleged Force
Majeure, without providing any specifics as to how it has been impacted.
If the tenant had asserted that, due to the shutdown, permitting has been
delayed or supplies are unavailable, I believe an argument could be made.
However, without such allegations, and evidence supporting the same, I’d
argue there is no basis for such a claim.
Hope the above helps,
Christopher S. Furlong, Esquire
Bacon, Bacon & Furlong, P.A.
2959 1st Avenue North
Saint Petersburg, FL 33713
Telephone: 727-327-3935
Confidentiality Notice: The information contained in this email message is
intended for use of the recipient listed above. This message may contain
information that is protected by attorney/client or other legal privilege.
Any unauthorized use is strictly prohibited.
From: clc-discussion-bounces@lists.flabarrpptl.org <
clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *Laurie Sams
Sent: Monday, June 1, 2020 2:19 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Force Majeure
Does anyone know if a pandemic is considered an act of god and thus
subject to a force majeure provisions? AND if it is, then what if the
contract was entered into after the start of the pandemic?
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
lauriesams@comcast.net
*We DO NOT accept or Request changes to wiring instructions via email or
fax. *
ALWAYS CALL TO VERIFY.
** COVID-19 ALERT: Pursuant to county and state health mandates and
until further notice, our firm will be operating remotely. We are working
hard to serve each of you; however, you may experience some delay in our
response as we adjust schedules to accommodate state and local guidelines.
Our primary communication will be via email. If you require voice
communication, you are encouraged to call the office and leave a voice mail
at extension 366. I will do our best to return phone calls. I will
continue to process and close files as required and/or permitted. For
clients that have upcoming real estate closings, signing dates and times
will be scheduled with the Closer and will be facilitated in office or via
mail away. We wish everyone good health and safety through this challenging
time.**
CONFIDENTIALITY NOTE: This transmittal may be a confidential
attorney-client communication or may otherwise be privileged or
confidential. If it is not clear that you are the intended recipient, you
are hereby notified that you have received this transmittal in error. In
that case, any review, dissemination, distribution or copying of this
transmittal is strictly prohibited. If you suspect that you have received
this communication in error, please notify us immediately by telephone
(941) 923-1685, or e-mail at lauriesams@comcast.net and immediately
delete this message and all of its attachments.
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