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How to Limit COVID-19 Related Legal Claims

Client Alert | less than 1 min read | 01.11.21

In their Commentary, “How to Limit COVID-19 Related Legal Claims” in the January 2021 issue of Engineering News-Record, Meagan Bachman and Josh Lindsay of C&M discuss advice for limiting and mitigating the disputes that are coming as a result of COVID-19-related disruptions to construction projects. Even as the first vaccines are distributed around the globe, sustained challenges and cost and time impacts to projects can be expected. But there also are opportunities to mitigate the deleterious effects of COVID-19 and reduce the possibility of large-scale disputes down the road.

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Client Alert | 4 min read | 08.13.26

Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach

English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful....