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COVID-19 and Its Impact on Enforcement or Excuse of Contract Performance in Commercial Contracts
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COVID-19 and Its Impact on Enforcement or Excuse of Contract Performance in Commercial Contracts

The SCCBA Real Property & Business Litigation Section presents a Brown Bag:

When: June 30, 2020
Where: Zoom
United States
Presenter: Real Property & Business Litigation Section
Contact: SCCBA

Online registration is closed.
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Due to the online nature of the event, there will be no same-day registrations. Registrants will receive their log-in information via email the day of the event. 


COVID-19 and Its Impact on Enforcement or Excuse of Contract Performance in Commercial Contracts, Construction Projects, Real Estate Development Projects and Financial Transactions


The current outbreak of COVID-19 significantly affects the ability to perform and the cost of performing under commercial contracts, construction projects, real estate development projects and financial transactions. These impacts are felt through government-mandated quarantines, travel restrictions, supply shortages, labor shortages, demand reductions and other complications. 


Our experienced panel examines what parties in these types of contracts and projects must consider in seeking to enforce counterparties’ contractual obligations or seeking to be excused from their own performance – regarding the potential applicability of the following defenses: Contractual Clauses: force majeure contract clauses; material adverse effect or change clauses; Extra-Contractual Doctrines: impossibility of performance; impracticability of performance; frustration of purpose; UCC impracticability defense in sale of goods.


These types of contracts may include:


Commercial: sales of goods, sales of services, purchases and sales of businesses, including asset and stock purchase agreements, entity formation agreements for corporations, LLCs, partnerships, joint ventures. 

Construction: construction contracts including AIA, ConsensusDocs, DBIA and similar form agreements, prime and subcontractor agreements, design professional agreements, supply chain agreements for materials. 

Real Estate Development: real estate purchase and sale agreements, disposition agreements, real estate development and re-development agreements, CAR agreements, option agreements.


Financial Transactions: loan agreements, including construction and permanent financing, mortgage agreements and payments, refinancings.

Real Property & Business Litigation Section members: $10
SCCBA Member:
 SCCBA New Admittee:
(Under 5 years in practice)
 Honorary: Free

Program: 12:00pm - 1:00pm

MCLE Credit: 1.0 General Substantive




Richard O. McDonald,

Hopkins Carley

Dawn C. Sweatt,

Berliner, Cohen LLP




Frank Burke,                                          

ADR Services, Inc



Cancellations and refunds will be accepted only 48 hours prior to the event.  


PLEASE NOTE: Registration fees must be paid prior to the program, or at the program check in. SCCBA will no longer invoice attendees for payment subsequent to the program. Cash, Credit Card, and Check accepted.

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Advising Clients On Business Interruption Claims During the Time of Pandemic

Recent Recognitions
Jenn M. Protas2018 Diversity Award
Hon. Mary E. Arand2018 Jurist of the Year

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