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With the coronavirus still continuing to spread across the world, few remain immune to the many unprecedented changes it’s causing–including your business. That’s why we’ve created a two-part series detailing some legal options that may help ease the blow for you and your business during these trying times.
Force Majeure
Most contracts contain a “force majeure” (French for “superior force”) clause which excuses performance obligations under exceptional unforeseen circumstances beyond the parties’ control (e.g., natural disasters, pandemics, quarantines, strikes and war) and may apply to a global pandemic such as COVID-19.
A force majeure clause within a contract should be read carefully to specifically identify which events excuse performance.
If properly triggered by a force majeure event, a business owner can be protected from schedule delays created by the force majeure event. A force majeure clause can also protect an owner from paying a contractor and subcontractor for interruptions.
If your business needs to invoke the terms of a force majeure clause in your contract, or if you are concerned about the other party to your contract doing so, call us for help at (949) 436-2785.
Stay tuned Part 2 of our two-part series next week! And till then, stay safe!
This article is informational only and meant to provide guidance. It is not meant to be legal advice and it does not create an attorney-client relationship. For what to do in your specific situation, please consult with a qualified Construction Law attorney.
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Mahyar was a big part in helping start our company and setting up our corporation. She also went to battle with a Billion dollar Corporation to keep our doors open when they tried everything to shut us down.
In 2008 -2009, our company was involved in a lawsuit with over 1 million dollars claimed against us. Mahyar Ghassemian handled our case expertly and conscientiously. She explained on a regular basis the progress of our case and how each of the actions of our opponent would ultimately affect our case. At no time did we feel alone or compromised as Mahyar boldly stayed her course which eventually provided us with the satisfactory outcome we had hoped to achieve. She will be our first call should the need arise in the future.
Many years ago an insurance carrier hired Mahyar Ghassemian to defend my construction firm in civil litigation. Not only was Ms. Ghassemian very knowledgeable and competent regarding the legal proceedings, but she was also personally vested in our well-being; she cared what happened. She counseled us regarding the various options, listened to our input and proceeded accordingly. In multiple cases with Ms. Ghassemian, we have never experienced a negative outcome. Today my first call when a potential legal issue is on the horizon is to Ms. Ghassemian. She is both extremely effective and cost conscious.
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