Is Coronavirus Considered an Act of God?April 1, 2020 – Media Mention
Real Estate Partner Ken Fields spoke to GlobeSt.com about whether COVID-19 is considered an act of god.
“The Covid19 situation is an “Act of God,” but not all “Acts of God” excuse a party from its contractual obligations,” Kenneth Fields, a partner at Greenberg Glusker,” tells GlobeSt.com.
“The threshold question is whether the particular act—in this case, the COVID19 situation—actually prevents a party from performing its contractual obligations. If the answer to that question is no, then the analysis is over and the party must perform those obligations. If the answer to that question is yes, then the parties must review their contract to determine whether it includes a so-called force majeure provision and, if so, what obligations that provision might excuse, or if the contract does not contain such a provision, what obligations might be excused under applicable laws.”