COVID-19 CORONAVIRUS LEGAL ISSUES
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Here at Kessinger Law Group, we stand ready and able to assist you and your business with the legal challenges presented by the COVID-19 Coronavirus. While these are trying times, Kessinger Law Group is dedicated to professionally handling your legal needs, even during this pandemic. We are hard at work, and available to meet on the phone or through video conference, to assist you or your business in navigating these uncharted waters. The legal issues are complex and rapidly evolving, as discussed below. Kessinger Law Group can assist you or your business. As always, your first consultation is free.
Contract Disputes and Business Interruption. Most, if not all, businesses will experience substantial losses and increased expenses and overhead due to the interruption and delays caused by the Coronavirus and mandated “Stay at Home” orders. Financial losses and other unexpected changes caused by the Coronavirus could result in tension and disagreements between parties to a contractual agreement. For example, what if one party to the contract cannot perform its obligations due to a mandated “Stay at Home” order or other supply chain issues? Sometimes contracts contain a force majeure provision or acts of God clause that may provide relief to the claimed breaching party. Normally, a force majeure provision is automatically inserted in a contract, but rarely used. However, with these unprecedented times, a force majeure provision may relieve a business from having to pay substantial damages. In today’s current environment, the boilerplate force majeure and acts of God clauses may provide your business relief from having to pay substantial damages. Issues to consider are whether the contract specifies what performance is excused; how long does the party have to remedy the issue; what actions need to be taken during the delayed period; what efforts must be undertaken to overcome the force majeure; what are the parties’ duties during the force majeure event; and how should a party mitigate the damages. We can provide you counseling and advice on how best to proceed, defend or pursue claims arising from any Coronavirus impact. Insurance Coverage Issues and Disputes. There may be issues with respect to insurance coverage and whether businesses have available coverage under their insuring documents for damages arising from the Coronavirus. We can provide sound advice and pursue any such viable claims against the insurance companies, if warranted. Such actions may include preparing and presenting claims for payment by the insurance company, making settlement demands to the insurance company or filing a civil action for breach of contract under the insurance policies. Price Gouging. You may be the target of an investigation by the Kentucky Attorney General or the United States Department of Justice/FBI for claims of price gouging. We can assist in responding to any such claims and defending you. Employment Issues. As a result of the Coronavirus, you may have been terminated or furloughed from your existing employer. Or you may have been required to work in violation of government orders or in unsafe conditions. We can evaluate any potential claims you may have based upon the employer/employee relationship. Injury Claims. You may have contracted the Coronavirus due to the negligence of another person or by their failure to follow the Governor’s Executive Orders. You may have been required to work in an unsafe environment. The resulting illness may have caused you substantial harm or resulted in the death of a loved one. We can evaluate any potential claims you may have. |
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