With the spread of COVID-19, most jurisdictions have declared a state of emergency and/or issued executive orders curtailing daily life. See, e.g., Cal. Exec. Order N-33-20 (Californians must “stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors”); D.C. Mayor’s Order 2020-054 (District…
Contract Excuses and the COVID-19 Pandemic
The economic fallout from the COVID-19 pandemic and the sudden and worldwide shuttering of large and small businesses may be felt for a long time. One of the resulting issues is the applicability of a force majeure clause, or common law impossibility, frustration of purpose or commercial impracticability excuses for contract performance and obligations. Force…
Contracts: The Importance of Distinguishing a Contracting Party from a Stranger
Although the law generally does not allow a contracting party to bring a tort claim against another party to the same contract, this protection does not extend to persons or entities that are classified as “strangers” to the contract. Thus, a contracting party may maintain a viable claim for tortious interference with contractual relations against…
Oral Argument Before SJC
NES Rentals v. Maine Drilling & Blasting, Inc. March 7, 2013 Oral Argument before SJC by Attorney Jack Ferriter Summary: Mechanic’s lien. Bond. Practice, Civil, Amendment of complaint, Motion to dismiss, Enforcement of liability on bond, Commencement of action. View Video by clicking on “View oral argument with Windows Media Player below or you can…