Clark Hill Attorney Danny P. Cerrone, Jr. published in BreakingGround
Clark Hill Construction attorney Danny P. Cerrone, Jr. was recently published in BreakingGround’s Legal Perspective section. His article, “Force Majeure Considerations in Construction Contracts,” covers the implications of force majeure clauses during the time of the national pandemic.
"Force majeure translates to 'superior force.' Such translation is a good indicator of when a force majeure clause comes into play: when superior, external forces affect a party’s ability to successfully complete a contractual obligation in a complete and timely manner on a construction project. Generally, a force majeure event may exist if the event is unforeseeable and outside the contractor’s control. COVID-19 appears to fit within such general description— although the difference between an epidemic and pandemic may be important to consider," Cerrone wrote.
Cerrone is a civil trial lawyer with a concentration in construction and commercial matters. In the construction arena, he represents owners, developers, design professionals, general contractors, subcontractors, suppliers, and sureties across a range of disputes involving public and private construction projects.