The onset of the COVID-19 pandemic has created a new normal in a multitude of economic sectors, including commercial transactions. From commercial leases to loan agreements to construction and supply contracts, questions are surfacing about the rights, liabilities, and defenses available to parties to a contract in view of the pandemic.» Read More

In addition to any defenses to performance that may exist under force majeure provisions contained in a contract, Pennsylvania courts recognize impracticability of performance and frustration of purpose as defenses to breach of contract claims. However, the availability of impracticability and frustration of purposes defenses in any particular case is dependent upon the language of the contract and the facts and circumstances of the case.» Read More

On March 25, 2020, in response to the coronavirus (COVID-19) pandemic, Pennsylvania Governor Wolf approved a temporary and limited suspension of 57 Pa.C.S. § 306, which requires the physical presence of notaries, for both personal and commercial real estate transactions.» Read More