CLIENT SPOTLIGHT: Grillo's Pickles

If you haven't been to the Grillo's Pickles website, you should. There, you'll find the fantastic story of how this company began. We've copied part of it here to save you a click.

Grillo's Pickles began with a pickle cart, just a small wooden stand in downtown Boston, where Travis Grillo and his friends would sell two spears for one dollar. Travis would make the pickles by night using his family's 100-year old recipe - one he'd memorized from making pickles every summer as a kid. In the morning, Travis would bike to the Boston Common and set up the cart with his buddies. They'd hang out all day, urging people to try the simple Grillo family pickle. It was a small business but Travis worked hard for it. He made more pickles, biked more miles, and slept less hours than he ever had before.
Read More..

CLIENT SPOTLIGHT: Factory Five Racing

Factory Five Racing was founded in 1995. Over the years they have grown from a start-up business in a small garage to become the world's largest manufacturer of "build-it-yourself" component car kits. They employ a full-time crew of about 40 people, and are located in Wareham, Massachusetts (about an hour south of Boston). They make their products right here in the USA, in the heart of New England where American manufacturing was born.
Read More..

CLIENT SPOTLIGHT: Luca + Danni

Fred and Danny Magnanimi grew up watching their father create beautiful, handcrafted jewelry in the family's Cranston, RI jewelry manufacturing business. When the boys grew up, Fred moved to New York and began working on Wall Street as an investment banker, while younger brother Danny, still enamored by the family business, stayed home. Increased competition from overseas businesses created significant challenges for the business, but Danny was confident he could find a way for the family business to evolve and thrive. This was his mission, this was his passion.
Read More..

PROFESSIONALS

    Services

      Others

        No results found. Please try using a different keyword.
        See all

        Interpreting the Force Majeure Clause in Your Contract

        As businesses contend with the uncertainty caused by the novel coronavirus (COVID-19), evidenced by warnings of an imminent recession and empty grocery store shelves, one potential source of relief is the force majeure clause found in many contracts. Force majeure provisions are included in contracts to excuse a party’s failure to perform due to unforeseeable events outside the party’s control. Not all force majeure provisions are created equal, and the coronavirus may trigger some, but not others.

        Because force majeure clauses are often included as part of contract “boilerplate” language, parties to an agreement often do not spend significant time negotiating the substance of these provisions. Simply having one in your contract may not be enough to excuse nonperformance due to current circumstances created by the coronavirus. For example, take the following force majeure provision:

        No party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by (i) fire, flood, elements of nature or other acts of God, (ii) any outbreak or escalation of hostilities, war, riots or civil disorders in any country, (iii) any act or omission of the other party or any governmental authority, or (iv) any labor disputes.

        This language limits the applicability of the provision to triggering events specifically described by its terms. A party trying to justify nonperformance under its contract due to the coronavirus would need to successfully argue that the coronavirus qualifies as one of the triggering events. This would likely be an uphill battle and not an argument we’d like to make.

        Consider another example:

        The parties to this Agreement are excused from performance and shall not be liable for any delay in performance caused by the occurrence of any event or contingency beyond the control of the parties including, but not limited to, riots, rebellions, natural disasters, acts of God, and acts of war or terrorism.

        Although this provision also lists force majeure events, it is clear from reading the provision that the list of examples is not intended to be exclusive. A business looking to have its nonperformance excused due to coronavirus-related circumstances would have a better chance of successfully arguing that the spread of the coronavirus is beyond its control, although its ultimate success in doing so depends on the jurisdiction. Assuming that the parties intended to address events like the coronavirus, then the best provisions would include phrases like “outbreak,” “epidemic,” or “pandemic.”

        Understanding whether force majeure provisions will be interpreted to include the coronavirus as a force majeure event is a critical first step, but it is far from the only one. It is equally important to determine the available remedies, the timing and form of any required. notice, and the legal consequences of declaring a force majeure event. As businesses try to minimize financial losses in the face of the coronavirus, it is critical to understand the nature and scope of the force majeure provision at issue.

        Partridge Snow & Hahn’s Business Law Group is ready to answer questions and to provide advice on how to address general and specific business risks posed by the coronavirus. For additional information and resources, visit our COVID-19 Advisory Group page.
        ×

        For current information and resources visit our COVID-19 Advisory Group page