Do you feel trapped in a contract that seems impossible to perform? If COVID has affected your ability to follow through on a job, you have options to get out of a contract.
Litigation attorney Robert Harper discusses the proper process to follow if you’re trying to get out of a contract.
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Good morning everyone. My name is Robert Harper. I’m a litigation attorney here at Robinson and Henry. I wanted to just do a short, quick video on how one may get out of a contract in Colorado.
I had a recent client that came to me about a contract issue that he was going through and the issue of force majeure as well as act of God sort of is what set the scene for this contract dispute.
So with this short video, I wanted to go over what force majeure is act of God, as well as some of the common elements to that type of a claim, and if you’re defending or going after someone to get out of a contract, what you sort of should worry about or what to do in the process.
What’s the Process of Force Majeure?
So force of majeure is basically act of God. It’s sort of mixed into the whole idea of the doctrine of impossibility. So what happens if you are in a contract and it’s just impossible to perform? That’s where force majeure comes in.
So the common elements of force majeure act of God is basically it’s an unforeseen event. So COVID virus was an unforeseen event. It had to be out of your control and it materially affects your obligations under the contract as well as your ability to perform under the contract.
Get Out of a Contract
Now generally under Colorado law, there’s a couple of things that you sort of want to do in that type of process if you want to get out of a contract.
- Lessen your damages by working with the other party.
- Explain the impossibility of the contract by providing proper notice.
- Show that it is actually in fact impossible to perform.
I hope this video answered some of your questions. My name is Robert Harper. I’m at Robinson and Henry, and if you have this type of contract issue, please give us a call. Thank you so much.
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