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Description: Not long ago, the “Force Majeure” clause embedded in the boilerplate of form construction contracts often was dismissed as a “catch-all” for potential unforeseeable and uncontrollable catastrophes, each as unlikely to happen as the next. Contractors and owners attempted to shoehorn this defense into a wide range of natural and unnatural events. Then came 2020, and with it, a new and contemporary interpretation of the traditional “force majeure” concept as COVID-19 and Federal, State, and Local governmental shutdowns wreaked havoc and uncertainty in the construction industry, the effects of which will remain for many years. While we are only beginning to scratch the surface of construction litigation and the various impacts caused by COVID-19-related shutdowns and disruptions, the current and projected effects of COVID-19 have reinforced the need and importance of carefully planning for the unexpected when negotiating construction contracts.
This program will address:
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A brief history and evolution of traditional “force majeure” provisions which date back to the Napoleonic Code
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The future role for these provisions in standard form construction contracts
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How Courts have been and might interpret the provisions to answer whether and under what circumstances COVID-19 or implications of the pandemic may qualify as a “force majeure” event
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Lessons learned and practical advice to consider about “force majeure” when drafting and interpreting construction contracts and allocating project risk imposed by unknown and uncontrollable events in the COVID-19 era
Who should attend:
This historical and empirical discussion will benefit all project participants, from owner/developers, lenders, and insurers to contractors and lower-tier trades, in identifying and providing guidance in allocating project risks in today’s rapidly changing environment. COVID-19 is the latest example and reminder of project risks that we cannot avoid but for which we can prepare.
Fred Warren Jacoby is a commercial litigator with an emphasis on construction law. Fred has notably diverse experience and is a sought-after advocate and adviser who serves companies in the construction, real estate, and financial services industries. He represents clients in their most significant commercial litigation and regularly provides strategic counsel on operations and contracts to help clients avoid potential disputes. He is also a vice chairman of the firm and a member of the Advisory Committee that counsels the firm’s board of directors and management committee.
As senior adviser to the Construction Law practice, Fred represents owners, contractors, and construction managers in economic disputes with stakes ranging from several million to several hundred million dollars. He has experience handling large construction failures, OSHA compliance, bid protests, public construction contracts, delay claims, contract disputes, and many other construction-related issues.
On the financial services side, in addition to litigation matters, Fred represents insurers, insured parties, broker-dealers, and other registered representatives in the development and distribution of financial services products, with particular emphasis on property and casualty insurance and the life settlement market.
Fred also advises brokers, consultants, and business and private clients regarding their formation and use of captive insurance companies. This includes not only from a regulatory standpoint in working with the insurance departments of proposed domiciles of these companies and developing feasibility studies but also in the development and implementation of a business plan to include both regulatory, actuarial, tax and other disciplines. Among the clients for whom Fred has worked in establishing captive insurance companies are Toll Brothers and Crownway (formerly Crown Cork and Seal). Fred also serves as a consultant for clients, brokers, and others in their initial consideration and analysis of the applicability and desirability of captive insurance companies for their particular situations.
Jeffery R. Mullen focuses his practice on construction law. Before becoming an attorney, Jeff worked for a regional contractor as a project manager, where he oversaw various residential, commercial, and public projects. Building upon that experience, Jeff’s practice is focused exclusively on the construction industry to assist clients in addressing the specific challenges they face before, during, and after project completion.
Jeff has counseled and represented owners, developers, contractors, and design professionals in all phases of construction projects and through the litigation and the alternative dispute resolution process. He has experience representing clients in disputes arising from a wide array of construction projects, including power plants, mass transit systems, highways, pipelines, dams, and commercial and residential building. In addition, Jeff counsels clients through contract formation and performance to identify, avoid and resolve disputes as a means of preventive risk management. He has experience drafting and negotiating design and construction contracts and proposals for projects ranging from commercial and residential renovations to major infrastructure improvements.
Jeff does pro bono and community work serving as trial counsel in cases ranging from the prosecution of prisoner civil rights matters to protecting the legal rights and interests of the elderly in the Greater Philadelphia Area against contractor fraud.
Jeff received his bachelor’s degree in business administration, magna cum laude, from Elizabethtown College where he was named Business Student of the Year. Jeff earned his law degree, summa cum laude, from Rutgers University School of Law. While at Rutgers, he served as managing editor of the Rutgers Journal of Law & Religion and was a legislative fellow at the Eagleton Institute of Politics and Government.
 | | Practice Areas: | | Business Organizations & Contracts | | | Online Media Type: | | Audio | | | Production Date: | | 01/10/2022 12:00 PM EST | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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| | • | Fred Warren Jacoby, Esq. - Cozen O Connor | | • | Jeffery Mullen, Esq. - Cozen O Connor |
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