COVID-19 Contract Litigation

COVID-19 Contracts & Litigation Services

Resolving Legal Disputes for Clients Across New Jersey

Have the extraordinary measures taken by federal and state officials to fight the Coronavirus (COVID-19) pandemic forced you to reassess your contractual obligations? Are you a business owner who is struggling because your vendors can no longer fulfill orders? Do you have a service contract that has been significantly impacted by the COVID-19 outbreak? Are restrictions on importations hindering your business’s’ inventory and leading to fulfillment issues? Are you able to satisfy the payment obligations of your business contracts? There are a variety of unknown legal consequences we can provide the legal advice and guidance that you need to protect your business.

At M. Ross & Associates, LLC we know that these uncertain times have brought countless legal obstacles for business across of all backgrounds. The social distancing guidelines issued by the World Health Organization have substantially impaired the way our country does business, , leaving contractual parties without the necessary means to fulfill their ordinary legal obligations. We are here to use our extensive knowledge of the law to help your business navigate these contractual obligations and mitigate damage that has ensued because of COVID-19.

Call us today at (201) 897-4942 to set up your case consultation with a lawyer at our law firm today.

FAQ: COVID-19 Contracts

Question #1: What Is Force Majeure?

Many of our clients have been inquiring as to whether or not the COVID-19 pandemic is grounds to invoke a force majeure clause. The term “force majeure” refers to events that are out of the control of the parties bound to a contractual agreement. Events that qualify as force majeure “may or may not have been unforeseeable,” and couldn’t be avoided after all reasonable efforts and due diligence have been taken. Force majeure includes acts of God, fire, war, riot, civil commotions, disease, epidemic, and pandemic.

Question #2: What Is Frustration?

If the contract you signed doesn't have a force majeure clause that covers the COVID-19 outbreak, then you will need to determine if it has been “frustrated.” If a contract is deemed frustrated, it’s possible that it could invoke termination provisions that would obviate the need for you to perform in the future.

A contract is considered “frustrated” if you cannot perform your contractual obligations due to supervening events. A frustrating event occurs when something unexpected and beyond the parties’ control makes performance impossible or radically different from what the parties had in mind when they signed the contract. Might this apply to your business?

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