Impossibility and Force Majeure in the Time of Covid 19 Virus

McGeehan Pascale, PLC
Attorneys & Counsellors at Law
3554 Chain Bridge Road, Suite 205
Fairfax, VA 22030
703.273.5303

Impossibility and Force Majeure in the Time of Covid 19 Virus

3/30/2020

The personal impact of the Covid-19 virus is immense. For small and medium sized businesses, there are legal questions that include the fulfillment of obligations under contracts and leases when revenues are reduced or non-existent. Some on-line sources have used the term force majeure as a possible solution.

Attached is an excellent article written by Dennis P. Chapman, Esquire, of this firm that explains legal concepts of impossibility of performance and force majeur in Virginia. The article is for purposes of general education of the business community. This article does not replace legal advice by an experienced lawyer. Contact a lawyer experienced in business, leasing or commercial matters and discuss with her or him the facts in your situation. We at McGeehan Pascale, PLC hope the following article will inform and help you in these unique times. Please click on the following link to download a PDF version of the article.

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Author

John P. McGeehan is the managing member of McGeehan Pascale, PLC. His practice focuses on business structures, especially new, emerging, small businesses and not for profit organizations, all business transactions, employment law, real estate, commercial leasing, estate planning and litigation before administrative agencies and all courts.

we COVID 19 VIRUS PROCEDURES

mCgeehan pascale, plc IS TAKING PRECAUTIONS IN LIGHT OF THE CDC ADVICE FOR THE CORONAVIRUS. WE ARE WORKING EVERY DAY TO ANSWER QUESTIONS, DRAFT DOCUMENTS AND OTHERWISE TO SERVE OUR CLIENTS' LEGAL NEEDS. ALL OF OUR STAFF ARE IN GOOD HEALTH AND OUR WISH FOR OUR CLIENTS IS THAT THEY ALSO REMAIN IN GOOD HEALTH. IF THE NEED ARISES, OUR EMPLOYEES HAVE PAID SICK LEAVE AVAILABLE TO THEM. IF THAT OCCURS, WE MAY TAKE A BIT LONGER FOR SOME THINGS, FOR WHICH WE ASK YOUR UNDERSTANDING. IF POSSIBLE, WE ASK THAT OUR CLIENTS AND ATTORNEYS WITH WHOM WE DEAL DO SO BY TELEPHONE OR EMAIL TO AVOID PERSON TO PERSON CONTACT. IF YOU SUSPECT YOU HAVE BEEN EXPOSED TO THIS VIRUS AND WE HAVE HAD PERSON TO PERSON CONTACT IN THE PRIOR 14 DAYS, ,PLEASE LET US KNOW THAT.

WE DISINFECT, THROUGHOUT THE DAY, ALL AREAS IN OUR OFFICE THAT MAY BE TOUCHED BY PEOPLE. THE NEW ENGLAND JOURNAL OF MEDICINE PUBLISHED AN ARTICLE SAYING THAT SOME SURFACES MAY HOLD THE CORONAVIRUS VIRUS FOR UP TO 72 HOURS and UNVERIFIED SOURCES REPORT IT CAN BE LONGER. OUR BUILDING ALSO HAS ESTABLISHED PROCEDURES DESIGNED TO PROTECT PERSONS COMING INTO THE BUILDING. ALL COURTS IN WHICH WE REGULARLY PRACTICE HAVE ESTABLISHED PROCEDURES THAT RESCHEDULE OR POSTPONE HEARINGS, GENERALLY, UNTIL AFTER MID-APRIL OR MID-MAY AND LEGAL TIMELINES HAVE BEEN ADJUSTED.

we concluded that we are exempt from the mandates announced for virginal on March 23, 2020, provided we continue the sanitation procedures outlined above and do not have more than 10 people congregated at the same time. however, we prefer contacts by phone or email. if you must meet in person, please call first so we can determine if some or all of the matters can be handled by phone or email.

Location

3554 Chain Bridge Road, Suite 205
Fairfax, VA 22030

Contact

Telephone : (703) 273-5303