Cotney Newsletter

Contractual Way to Fight COVID-19 Liability

In previous legal newsletters, we have provided waiver and release type language for COVID-19. However, the following contract provision utilizes a different approach — it is a forbearance provision which provides that the other party agrees to refrain from pursuing a claim based on the unintentional spread of COVID-19.

The Owner Parties hereby agree to forever forebear from asserting or pursuing against the Contractor Parties any actions, claims, demands, damages, debts, liabilities, causes of action, rights of action, actions, suits, costs, attorneys’ fees, court costs, and losses, of whatever nature, character or description, whether at law or equity, whether known or unknown, whether anticipated or unanticipated, whether based in whole or part on the negligence in whole or part related to the unintentional spread or transmission of COVID-19. This provision expressly excludes any gross negligence or willful/wanton conduct by the Contractor Parties.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.