07/06/2020
Attorney
· Lawyer
One of the biggest challenges to hit the global financial markets in recent years has been the induction of the COVID-19 virus. Businesses, supply chain disruption, employment, and contractual fulfillment have all been adversely affected, hopefully in the short term, putting commercial entities at risk and in many cases, disputes. Meeting contractual obligations during state-sponsored mandatory shut-downs is causing economic chaos in many quarters and none are more affected than ongoing projects underway in the construction industry. Delays and disruptions to planned business openings can have far-reaching effects on cash flow, commercial output, and create economic vulnerability to contractors, sub-contracted, property managers, suppliers, and developers. Contractors and employers seeking additional money or time in completing projects need the assistance of experienced construction law attorneys in making claims and understanding their contractual rights. At Heekin Law, P.A. our lead construction law attorneys, Geoff Heekin and Hunter Malin have over 45 years of shared construction law experience advising clients in all aspects of the construction industry. As these issues come to fruition, it is important to choose an attorney who understands the contractual and judicial actions involved in construction disputes and can navigate the complex interplay between all of the parties involved, pursuing a positive and durable outcome through negotiation or trial.
Force Majeure
A common clause in many contracts designed to protect multiple parties from obligation or liability when faced with an altering and extraordinary event outside of their control such as a pandemic like COVID-19. This “legal act of God” prevents one or both parties from fulfilling their contractual obligations and therefore renders the exposed parties temporarily harmless in the event of suit. Most force majeure clauses extend only to the duration of the event and is not intended to include all non-performance, such as acts of negligence or malfeasance. Because this COVID-19 event is having reoccurring effects on many communities in Florida and once lifted sanctions are again being imposed, it is important to talk to a legal expert if one finds themselves unable to fulfill their contractual obligations and are potentially in dispute with their counterparts. Companies may still be obligated to demonstrate that COVID-19 has actually caused a disruption, delays, and or additional expenditures in fulfilling contractual obligations. Experienced construction law attorneys can assist affected parties in resolving these issues.
As our name implies, the attorneys at Heekin Law, P.A. are prepared to seek justice through litigation but only after all attempts to negotiate a fair settlement have failed to produce a clear path forward. Geoff Heekin, Hunter Malin, and Ariel Spires have a wealth of experience in resolving complex construction law issues. The COVID-19 outbreak has and will continue, hopefully in the short term, to affect ongoing construction projects. We are experienced in all aspects of construction law and will protect your rights through whatever legal means are available to achieve a lasting and durable outcome. Give us a call at 904-355-7000 for a free, no-obligation consultation to answer your questions, take appropriate action on your behalf to protect your rights. We have adapted our consultation processes to make our clients feel comfortable and safe and can meet in a variety of ways including telephone, live internet meeting rooms, and of course in person, taking appropriate precautionary measures of distancing and masks if requested.
