
PAUL ROBERTSON AND KEN DEMOURA OFFER PRAGMATIC INSIGHT ON CONTRACTUAL OBLIGATIONS
DURING COVID-19 PANDEMIC TO CLIENTS, TO BOSTON BAR ASSOCIATION AND TO
BOSTON GLOBE SMALL BUSINESS INITIATIVE.
The disruption caused by the Covid-19 pandemic is forcing businesses, institutions
and individuals to revisit their contracts to determine their rights and
obligations, from payment to performance. The law provides a variety of
defenses to contract enforcement, from payment to performance, according
to DeMoura|Smith attorneys
Ken DeMoura and
Paul Robertson. The pair recently presented for the Boston Bar Association (webinar here) and the Boston Globe Small Business Support Initiative (webinar here) on the use of
force majeure clauses and other defenses such as impracticability of performance and
frustration of purpose. They have now published an article titled
Performance Anxiety:Covid 19's Lingering Impact on Contractual Obligations outlining pragmatic steps to take when faced when contracts are impacted
by the pandemic. A copy of the article is on the Firm's website
here along with the PowerPoint presentations for the
Boston Bar Association and for the
Boston Globe Small Business Support Initiative.
DeMoura|Smith has been retained by businesses (large and small), schools,
individuals and tenants and landlords to advise and advocate on performance
and payment issues arising from the pandemic and its after-effects. Early
review and analysis of the contracts and circumstances facing the parties
is crucial in maximizing the likelihood of a favorable outcome.