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Force Majeure Relief on International Construction Projects Under the Threat of a Second Wave of COV

As more countries are starting to lift restrictions as a result of COVID-19, construction sites are coming back to life, or in some cases scaling back up, in COVID-secure "new normal" environments. At what point will force majeure relief end, and will parties be entitled to force majeure relief again if a second wave of COVID-19 infections and associated restrictions occurs?

Emma Schaafsma and Nick Oury, construction and engineering disputes partners at Herbert Smith Freehills LLP, and Dr. Anamaria Popescu, chairman of SCL North America and a managing director in BRG’s Global Construction practice, discussed these issues and considered what parties should be doing now to protect their position in the future.