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“Life and business has got a lot more difficult and complicated since the classification of COVID-19 as a pandemic. As a result, all businesses are or will be looking at their financial and logistical obligations to third parties.” This is according to Ian Timlin from Conexus Law, the specialist advisory firm that provides legal and commercial advice to clients who work in sectors where the built environment, technology, engineering and people converge.
In the latest free guidance sheet that can be found on the company’s website, he is advising companies that as a first step they should check their written contracts to see if they contain any terms can help clarify things. These may include force majeure, material adverse change clauses and general break clauses.
“Companies may also want to look to see if the counterparty to the contract is going to find it difficult or impossible to perform its own obligations now or in the future (particularly in the short term). That may give them scope to negotiate sensible variations all round,” suggests Ian.
