December 2020

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

Force Majeure, Commercial Leases, and COVID-19

By Jeffrey H. Bigelman, Osipov Bigelman PC

Force majeure—meaning “superior force” in French—has a specific legal meaning in the American legal framework. It generally applies to events that are unavoidable, unpredictable, and outside the control of those party to the contract. Contracts often include force majeure clauses in the document which excuse a party’s performance of its contractual obligations. The intent of these clauses is to avoid otherwise harsh penalties as a result of extreme events unrelated to the contracting parties.

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The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.