As the U.S. continues to grapple with the effects of the COVID-19 pandemic, the real estate sector has already begun climbing the first mountain of legal issues. These have largely related to reopening. Most notably, they involve contractual issues governing ongoing relationships that were immediately impacted by stay-at-home orders. A flurry of interpretation of force majeure provisions, for example, has taken center stage as companies seek to defer or abate contractual obligations affected by the rise of the virus and the government imposed mandatory shutdowns.
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