If you're not on the same page with the other party, you need to understand what your contract says, how your force majeure clause operates, and what you need to do to secure your rights.

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If you're not on the same page with the other party, you need to understand what your contract says, how your force majeure clause operates, and what you need to do to secure your rights.

If you have a lot of agreements which are (or likely to be) impacted by the crisis, you need to get a handle on what they say about force majeure and business continuity.

Once you have found your contracts and force majeure clauses, see how they apply, then take steps to secure your rights.

For your key contracts, you may need to agree an interim way forward with the other side - to avoid disputes and ensure a working relationship

Update force majeure and related clauses in your templates and new agreements, so you have more certainty in the current crisis and future ones.

As a customer, your suppliers may be failing to deliver, relying on force majeure. As a supplier, you need to defend your inability to perform. If you are about to sign new agreements, you must make sure you are covered for the crisis. Use this checklist to prioritise your actions - not necessarily in the order given.

If you are already reviewing a high volume of contracts for COVID-19 impact, heed

Radiant Law’s advice

⁠

on how to do it well and not get bogged down.

Use our

COVID-19 Adviser

⁠

tool to help you interpret your contracts. It will give you an indication of where you sit on a spectrum of possibilities, as well as suggestions on what steps to take in practice

Use our

COVID-19 Negotiator

⁠

tool to identify your issues and generate a framework for negotiating your interim COVID-19 regime.

Use our

Force Majeure Clause Generator

⁠

to create your first draft.

Next: review your contracts →

Next: plan and take action →

Next: agree way forward→

One more to go: Update your clauses →