At this point in the pandemic, every attorney has taken a refresher in contracts law regarding force majeure, whether for our clients or for our own sake. Generally speaking, a force majeure provision allows parties to delay, suspend or terminate an agreement due to circumstances beyond either party’s controls. When COVID-19 struck, there were people pontificating whether a pandemic qualifies as a force majeure event if it’s not specifically stated in a provision. With the wide array of government orders, travel restrictions and the like, it is hard to make a good faith argument that COVID-19 is not a force majeure event.  

A good percentage of lawyers will be hired to argue that COVID-19 does not trigger force majeure, especially when it relates to making payments. Additionally, many agreements between parties are either oral or do not include a force majeure clause. Where there is not a force majeure clause or it is inadequate for the situation, Georgia has a longstanding “Act of God” statute that provides:

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