Harford County and Cecil County, MD, business and commercial attorneys, zoning, land development attorneys Commercial Lease Challenges — Force Majeure — and More - Brown, Brown & Young
Personal Injury Lawyers and Attorneys in Harford County and Cecil County

CONTACT FORM
Call us 24/7 at 410-879-2804

Or fill out this form and send it to us. All of us here at Brown, Brown & Young look forward to speaking with you!

Name:


E-mail Address:


Phone Number:


Type of Case:


Questions, Comments or Other Needs:


Is water wet or dry?

Please answer the above question so that we can be sure you are a human being! Electronic technology is not secure and information may not be treated as privileged or confidential. No attorney-client relationship or privilege is established by your use of this form, nor are you a client of our firm until we accept your case.


Brown, Brown and Young provide you with the best representation for all your business law needs

Commercial Business Challenges during the COVID-19 Pandemic

COVID-19, Business Interruptions, Delays in Real Estate Development, Commercial Lease Disputes and that Obscure Phrase, "Force Majeure"

What you need to know to help your business or project during the COVID-19 pandemic.

The numerous governmental orders that have been issued (and which we anticipate will continue to be released) impact nearly every business's ability to meet its contractual obligations:

  • For businesses that rely on commercial leases, classifications of what is an "essential business," as well as "shelter-in-place" orders, are directly affecting your tenants' abilities to remain "open for business," in addition to meeting their rental and CAM obligations.
  • Suspension or delay of permit reviews, required testing, and the ability to obtain necessary administrative approvals and special exceptions may have stymied your project development.
  • These same suspensions or delays threaten your supply lines and your sales contracts, as restrictions on the transportation of goods delay shipments in and out of certain geographic areas. This may greatly impact your ability to obtain needed materials and in turn, to service your customers' needs.
  • And the list goes on!

Whatever your own business challenge, it is critical to understand your options, to evaluate how you will respond to those challenges, and to implement plans to both protect your business and respond to claims and requests for accommodations from the other side.

Those requests may come in the form of rental reductions, or rent suspensions; extensions of time to perform; adjustments in contract pricing or contractual delivery schedules.

The Obscure Phrase, "Force Majeure" Is Now Being Used Widely

You may have already received a notice that the opposing party is seeking to excuse its non-performance based on "force majeure" provisions, or perhaps claiming that they should be excused from their contract obligations, based on "impossibility of performance," etc.!

"Force majeure" means meaning "superior force"; in law, it is a clause in contracts that frees one or both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic or an event described by the legal term "act of God" (hurricane, flood, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract.

In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspend it for the duration of the force majeure, and force majeure is generally intended to include occurrences beyond the reasonable control of a party.

You may very well ask yourself, in this case, "What am I to do?"

Brown, Brown & Young, P.A. can assist you during this crisis. We can help you address issues precipitated by the Coronavirus pandemic, assist you in designing strategies to preserve your business, and to protect your rights when another party suggests that it is excused from performance due to force majeure, the pandemic and/or a governmental order.

Please call our main numbers — 410-838-5500 or 410-879-2220 — or select this link for further details regarding communications with our real estate, business and commercial attorneys.

IMPORTANT DOCUMENTS to Assist You in This Crisis (in PDF format and as web pages):

Let us know how we can be of any assistance to you during this very unusual and difficult time.

The materials and information posted on this web site are for informational purposes only, and do not constitute legal advice. If you are a current client of Brown, Brown & Young, P.A., please contact your attorney to obtain advice with respect to any particular issue or question, including any of the information provided on our website, or any other matter.

Home | About Our Practice | Attorneys & Staff | Community Support | Brown, Brown & Young In the News | Our Newsletters | Contact Us


Brown Brown and Young
A Professional Association • Injury, Business and Personal Attorneys • Founded 1901
Brown, Brown & Young has been in practice longer than any other law firm in Harford or Cecil County, Maryland.
200 SOUTH MAIN STREET
Bel Air, MARYLAND 21014
410-838-5500 • 410-879-2220
410-893-0402 Facsimile
212 EAST MAIN STREET
ELKTON, MARYLAND 21921
410-392-3900
410-398-7792 Facsimile
Click for our office locations.
Brown Brown and Young is a Best Law Firm             Brown Brown and Young is a Secure Insight Registered Agent
Review Our Firm!      Video Library
410-879-2804 24-Hour Emergency Line
© 2005-2019, BROWN, BROWN & YOUNG. All rights reserved. Disclaimer
Questions about this web site? Please consult the web master. Site Credits
.
FacebookTwitter