Law360 quoted McGuireWoods partner Richard Holzheimer in an April 21, 2020, story on how the COVID-19 pandemic could produce a flood of litigation over force majeure clauses in real estate contracts.
Force majeure clauses excuse parties from certain obligations that cannot be met because of acts of God or other uncontrollable events. But the clauses generally do not include the word pandemic, which opens the door to interpretation from state courts, Law360 reported.
“We’re expecting an avalanche [of force majeure cases] later,” said Holzheimer, a commercial litigator based in the firm’s Tysons, Virginia, office.