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As a result of the grave conditions faced by businesses due to COVID-19, parties to a contract may look to the contract to determine whether a delay or failure to perform is warranted under the circumstances. Specifically, the parties will look to a force majeure provision. A force majeure clause is defined as “a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of an event or effect that the parties could not have anticipated or controlled.” Black’s Law Dictionary, 718 (9th ed. 2009). While force majeure clauses may have been seen as boilerplate language prior to the COVID-19 outbreak, they are more important now than ever.

Continue Reading Analysis of Force Majeure Under Alabama Law in the Wake of COVID-19