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As the coronavirus (COVID-19) outbreak continues to have an impact on society, it is inevitable that it will impact construction projects and real estate transactions across the country. While monetary considerations are secondary to human health, they are crucial to the success of a business and should not be ignored.
During this One-Hour Briefing, Paul M. “Tad” O’Connor III and Jennifer McDougall, litigation partners at Kasowitz Benson Torres LLP with significant experience in real estate and hospitality related disputes, will discuss the following:
- The invocation and enforceability of force majeure, impossibility, and frustration of purpose clauses when businesses are unable to perform their contractual obligations;
- Drafting and negotiating commercial agreements to include such clauses;
- The enforceability of term sheets and similar agreements in real estate and hospitality disputes; and,
- Real world case studies depicting the litigation and negotiation necessary to support or oppose the applicability of force majeure, impossibility, and frustration of purpose clauses.