Force Majeure Relief on International Construction Projects

Under the Threat of a Second Wave of COVID-19

Society of Construction Law North America

As more countries are starting to lift restrictions as a result of COVID-19, construction sites are coming back to life, or in some cases scaling back up, in COVID-secure “new normal” environments. At what point will force majeure relief end, and will parties be entitled to force majeure relief again if a second wave of COVID-19 infections and associated restrictions occurs?

Emma Schaafsma and Nick Oury, construction and engineering disputes partners at Herbert Smith Freehills LLP, and Dr. Anamaria Popescu, chairman of SCL North America and a managing director in BRG’s Global Construction practice, discussed these issues and considered what parties should be doing now to protect their position in the future.

Topics included:

• The COVID situation in construction today
• Force majeure: a recap of the law
• Lifting of restrictions: dealing with current force majeure claims
• Preparing for a second wave
• Exercising termination rights for prolonged force majeure
• Practical considerations

Listen to the event recording. Recording password is Scl2020!