In its first major review on 10 May 2020 the UK government announced changes for England to some of the lock-down measures introduced on 23 March 2020. Use of a property as a hot food takeaway also falls in this class. We expect that a court in England or Scotland would view the compliance-with-statute clause as taking precedence over the keep-open provisions in the lease. The data marked with an asterisk are essential for this processing and are intended for the departments of the MGM Group, and where appropriate its subcontractors and partners, in and outside the European Union. Practical guidance in relation to observing social distancing in the context of a construction site has been issued in the form of the Construction Leadership Council’s (CLC’s) Site Operating Procedures (SOP). A typical listing agreement will include a “holdover” clause to protect the interests of the real estate professional who has put in the time and effort to help you sell your home. This is a formal classification required by many insurance policies, so those who have business interruption cover may now be able to claim under it, depending on the specific terms of their policy. The provisional sales agreement therefore precedes the purchase/sale of a property, and specifies all the terms of sale: Additional information about the property for sale: address, description, vendor’s title to property, and any easements and mortgages. This note is not intended to be all encompassing; nor does it constitute legal advice. Although there may be reputational and commercial pressure to renegotiate lease terms, there is no absolute legal obligation on landlords to do so, but it may be in their interests to come to some accommodation with tenants. If the party fails to complete the required task on time, it is regarded as a breach of contract. Further details of the provisions are expected from MHCLG in due course, and they may form part of the Coronavirus Recovery Bill which is expected to be introduced into Parliament shortly. Sign up and be among the first to received our news and offers. Foreclosing lenders and other "involuntary sellers" like the RTC used "as is" clause s in an effort to limit liabilities related to the condition of properties with which they were unfamiliar. Instead, if prevented from occupying their premises, tenants may look to the doctrine of frustration to see if that can help get them out of their lease obligations. However: Please see our related note entitled “Safeguarding against aggressive rent collection: Corporate Insolvency and Governance Bill” for further information on these measures. Planning enforcement: food supply chain: Ministers in England, Wales and Scotland have urged local authorities to not enforce planning conditions that will restrict times and frequency of deliveries to food outlets during the emergency to ensure food supply. Premises in England: Hot food takeaways in England fall within Use Class A5. But the potential frustration of a lease should not be discounted. You also have the right to withdraw your consent. ADR Clauses for Real Estate Contracts . The government published guidance for employers, employees and the self-employed on how to work safely during coronavirus COVID-19. This regularly updated article highlights key UK real estate issues arising from the coronavirus pandemic and provides practical guidance. Standard lease provisions that set forth landlord and tenant rights and obligations include the following important clauses: The names of the parties - While this may sound obvious, you want to make sure that everyone who is a party to the lease (such as sublessors) is … (BIC) Profits from industrial or commercial activity, The provisional sales agreement: definition. Release clauses are another aspect of mortgage loan contracts. The next clause I want to discuss is the Due-On-Sale clause A due-on-sale clause, also known as an alienation clause , is a loan stipulation that requires a borrower to pay the entire loan balance if the property is being sold. The remedy available for a landlord is "specific implement." Reasonable steps in this context would be complying with advice given by PHE or HPS as it changes from time to time. When you want to buy a property, establishing a provisional sales agreement allows you to secure your future transaction and bind yourself with the seller. Our site provides a full range of global and local information. If the seller opposes the sale, the courts may intervene and force the sale in accordance with the law. Often, these interests are jointly-owned, so they … The focus of the Code is on best practice, encouraging landlords and tenants to be transparent in their discussions, and to act reasonably and responsibly. Rent concessions: A number of tenants are approaching their landlords with proposals for sharing the rental risk and reaching voluntary arrangements about rental payments due imminently. nationwide real estate recession of the last decade resulted in increased use of "as is" clauses. Subsequent sector specific guidance issued by the government on 7 April (last updated on 24 June 2020) makes it clear that construction sites may remain open, providing they observe social distancing wherever possible. assess risks to employees, customers, partners and any other people who could be affected by their activities; arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures; ensure they have access to competent health and safety advice; and. Such a duty may rest with landlords, as legionella is a bacteria which can proliferate (such that it can pose a risk of causing ill-health) in the water systems of a building, and addressing water quality and contributory risk factors is usually something that the landlord (as opposed to a tenant) can control. Most standard commercial leases include an obligation on the tenant to comply with all statutes and notices or orders made by competent authorities. Mortgages: what will my monthly payments be? We suspect this will be of little comfort to landlords severely impacted by non-payment of rent by tenants on two successive quarter days (25 March and 24 June 2020), and they will be looking ahead to what will happen on the September quarter day (29 September 2020) and beyond regarding their own debt and liabilities under their banking and finance covenants. Definition: A release clause is a contract provision (typically in a blanket mortgage) that allows for the freeing of all or part of a property from a claim through a proportional or full amount of the mortgage being paid off. Parties are encouraged to be reasonable and proportionate in responding to performance issues and enforcing contracts, to act in a spirit of co-operation and aim to achieve practical, just and equitable outcomes. The situation is in flux, so it is important to keep up to date with advice published by the government and regulatory agencies, particularly if the virus mutates, a real concern expressed by the WHO from past experience of similar outbreaks.

The Coronavirus Act 2020, which became law on 25 March, has suspended a landlord’s ability to take forfeiture action for business tenancies (as defined by the Landlord and Tenant Act 1954) in England and Wales, so that business tenants who cannot pay their rent (which is defined to include all sums payable under a lease) will be protected from forfeiture. This new right applies to the provision of both hot and cold food for consumption off the premises and applies for a temporary period from 24 March 2020 until 23 March 2021. Attorney’s fee clauses in real estate contract Opinions vary as to whether it is in the seller’s best interest to have an “attorney’s fee provision” in the purchase agreement. If unacceptable amenity issues arise which would warrant investigation, the local authorities are required to take account of the impact that the use of enforcement powers would have on the individual businesses concerned. As we mention above, on 11 May, the government published guidance for employers, employees and the self-employed on how to work safely during COVID-19. A new permitted development right has been introduced to give greater flexibility for food and drink businesses that have been required to close to allow for the provision of takeaway food where the current use falls into one of the following categories: (i) Use Class A3 (restaurants and cafes); (ii) Use Class A4 (drinking establishments such as pubs); (iii) a mixed use combining Class A3 and Class A4; or (iv) a use as a drinking establishment with expanded food provision. Under section 3 of the Conveyancing and Property Ordinance (Cap. regulations have been made to provide commercial tenants with more breathing space to pay rent by preventing landlords using the Commercial Rent Arrears Recovery procedure (CRAR) unless an amount equal to not less than 189 days rent is overdue (rather than, as previously, an amount equal to 7 days or more). These sums, and interest, remain the liability of the tenant, so the Act merely offers breathing space for tenants. Any arrangement which involves the extension of a lease term should be carefully structured and appropriate tax advice taken, as otherwise the tax payable can outweigh the rent saving which the tenant is hoping to achieve. A separate licence may also be required if hot food and drink is to be supplied during certain hours (generally, from 11pm until 5am the morning after). The purpose of a force majeure clause is to avoid the legal and commercial uncertainty of events that would otherwise frustrate the performance of the contract and that were not contemplated when the parties entered into the contract. These measures came into effect on 27 April. As of 24 June, Scotland has moved phase 2 of the route map, with gradual easing of restrictions throughout June and July. Each local real estate market is different. Landlords may also be asked to be flexible in not viewing such technical breaches of planning conditions as breaches of lease terms. We have a dedicated team addressing enquiries for our real estate clients. The provisional sales agreement also gives you a right of withdrawal for a period of 10 days after signing. But it is unlikely tenants will have a policy that will cover this scenario. A Kick Out provision goes by many names in the world of Texas real estate contracts. Depending on the drafting of the user clause in the lease, tenants may have flexibility to change the use of the premises without landlord consent. On 21 May, the Scottish government published a “route map” setting out plans for a gradual easing of lockdown restrictions in four identified phases, phase one of which commenced on 28 May. These documents are collected together in the Technical Diagnostic File (DDT)1. While acceleration clauses are mostly used in commercial and residential real estate, they do appear in some leases too. Drawing up the deeds based on your discussions. Planning deadlines and obligations: In Scotland the Coronavirus (Scotland) Act provided a blanket extension of 12 months for planning permissions about to expire. A change of use from a pub or restaurant to a hot food takeaway will normally require planning permission. Tenants may have procured business interruption policies, but these will usually be linked to property damage. Initially, eight different guides were published covering a range of different types of workplace. In this post, I’ll briefly summarize the two recent opinions and then provide tips and suggestions for buyers and sellers of real estate to consider in relation to as-is clauses. In particular, commercial landlords responsible for common parts are providing more frequent and thorough cleansing of those common parts, particularly frequently touched surfaces (e.g. In connection with that announcement, the Government’s guidance for safe re-opening was revised, so that there are now twelve different guides. As the real estate market heats up during the coronavirus pandemic, buyers are encountering bidding wars more frequently, with houses for … the repair and maintenance of critical infrastructure. If a change to a takeaway selling cold food only is proposed, this would entail a switch to Use Class A1 (which covers most shops and retail premises). The majority of provisions in the Scottish Act will automatically expire six months after coming into force. The exact requirements may depend on the precise nature and location of the project, and will require careful consideration. MGM offers you new-build property developments in the Alps’ most beautiful resorts. The Code recognises that the economic impacts of the COVID-19 pandemic have been felt across many sectors and applies across all types of commercial leases held by businesses which have been seriously negatively impacted by the COVID-19 pandemic. When negotiating rental agreements, landlords and tenants are encouraged to take account of the key principles of the Code, being transparency and collaboration; taking a unified approach; taking account of Government support and acting reasonably and responsibly. To withhold rent would ordinarily expose a tenant to the risk that a landlord could peaceably re-enter the premises without notice (known in legal terms as forfeiture) and take possession of the premises without court action by changing the locks, effectively ending the lease – although relief from the courts could be sought and would be available to tenants if they paid arrears plus the landlord’s costs. The data will be stored for 36 months. These measures, effective from 26 March 2020, mean no business tenant can be forced from their premises in the period up to 30 September 2020 if they miss a payment. Though the Coronavirus Act 2020 suspended the landlord's right to take forfeiture action for non-payment of rent, it did not limit a landlord’s ability to take other types of enforcement action. Checking the documents to be appended to the provisional sales agreement. Agents can choose to use a voluntary standard clause in their residential and rural agency agreements. Any accommodation should be reflected in a letter in clear terms reflecting what has been agreed and should include provisions requiring any government assistance given to the tenant to be declared to the landlord with reimbursement to be made where relevant. If a landlord forced the closure of premises as a result of government mandate or took a decision to do so on reasonable grounds even where the nature of the property was not identified by the government on a list for mandated closure, it is difficult to see how they could be criticised or held in breach of the express or implied covenant for quiet enjoyment when their actions are “lawful” – but in each case the exact terms of the quiet enjoyment covenant would warrant a close interrogation. A typical list of Force Majeure events might include war, riots, … However, there is nothing in either English or Scots law that would require the landlord impliedly to act in good faith and entertain that request in a commercial lease scenario. Several landlords in different sectors have written to Chancellor Rishi Sunak urging action to implement a rent-support scheme working in tandem with the economic relief packages already available. An updated version was issued on 1 May 2020 and the guidance continues to be that non-essential construction work should not be carried out.). The situation is in flux, so it is important to keep up to date with advice published by the government and regulatory agencies, particularly if the virus itself mutates, a real concern expressed by the WHO from past experience of similar outbreaks. If you exercise this right, the sums paid as security are returned to you, and you have no further obligation to the seller. If you decide that you no longer want to buy the property during this period, the seller returns the security deposit (representing 10% of the sale price) that you gave them at the time of signing. It remains to be seen whether the government will act on this proposal but seems unlikely to be made available to premises which are either already permitted to open or will shortly be permitted to do so. When considering rent concessions, parties may agree that landlords can draw down on rent deposit funds to alleviate tenants’ cashflow issues. Cold food takeaways are normally within Use Class A1 (which also covers most other retail uses). Though there is currently no explicit legal obligation on commercial landlords to provide extra cleaning services to prevent coronavirus COVID-19 spreading in their premises, many are taking pragmatic steps. This is different to the situation with coronavirus COVID-19, as it appears that it is not the construction of the building or management of the infrastructure that has an effect on the spreading of the virus. DLA Piper is a global law firm operating through various separate and distinct legal entities. Business interruption insurance is another possibility. As is the case with forfeiture under the Coronavirus Act 2020, the Scottish moratorium does not apply to delay irritancy where the ground for irritancy is the tenant's breach of a non-monetary obligation in the lease.). Landlords must also ensure that they keep up to date with PHE, HPS and government advice. The provisional sales agreement is a contract that sets the conditions of sale ahead of reiteration of the deed before a notary. more frequent cleaning of lavatories, eating areas, door handles and hand rails). On 23 March 2020, the UK government introduced three new measures: These measures were effective immediately and the relevant authorities, including the police, have been given the powers to enforce these measures – including through fines and dispersing gatherings. Following the UK government’s new measures on 23 March 2020 to force people to stay at home, and subsequent clarification that construction sites might only stay open if social distancing guidance could be observed, many construction sites closed. Sunset clause real estate Parties to a real estate transaction can use a sunset clause to provide that they must conclude the transaction by no later than a certain date. Version 4 of this document was issued on 18 May 2020 in response to the government’s sector guidance; this makes it clear that contractors must still comply with existing health and safety requirements, in addition to the sector specific guidance. Coronavirus COVID-19 is already affecting engineering, fabrication and procurement contracts that contemplate inputs of labour, services and goods from affected regions. This is a court declarator obliging the tenant to re-open the premises and recommence trading. Force majeure and the law of frustration: Leases generally do not contain force majeure clauses allowing parties to end the lease, unlike development agreements or construction contracts, which often do. Most leases entitle tenants to ask their landlord for a copy of the insurance policy to enable them to check the position. If a tenant is unable to occupy, what are the legal consequences? If, however, a landlord has granted a lease of just one floor in a multi-let office block, with shared air conditioning and other common services and areas, and it retains responsibility for maintaining and providing them, its obligations may be more extensive. In Scotland, a tenant cannot be lawfully removed from premises (and the landlord cannot change the locks) without a court order. Appropriate provisions extending the date by which the account has to be topped up would need to be included. As a result, a tenant would be in breach of that covenant if they fail to comply with any clear directions issued by the UK government, such as the closing of offices or asking staff to work at home to contain the spread of coronavirus COVID-19. It is possible for a restaurant or café normally used for the sale of food for consumption on the premises to change to class A1 under a "permitted development right," but this only applies in one direction. Anyone who cannot work from home is encouraged to go to work (such as those in construction or manufacturing), but avoid public transport where possible. Taking legionella as an example, the law imposes a duty on relevant persons to assess and address legionella risks at a property. In particular, we are ready to assist in drafting or responding to requests/offers for rental concessions. If a licence is required, then trading without one may constitute a criminal offence and could also put tenants in breach of their lease. In this article, we highlight some issues that may arise from a UK real estate perspective and provide some practical guidance. All rights reserved. It is particularly difficult if there are no turnover rent provisions in the lease. In them, distributions are made in accordance with the members' percentage interests. This could possibly catch enhanced or additional cleaning activities, for example, if additional rubbish clearance is required or additional traffic and noise is caused. A shotgun clause is a special provision that may be used in a partnership to force a partner to sell their stake or buy out an offering partner. For example, a planning permission for commercial premises will often contain conditions that restrict or limit the hours during which servicing may take place. When establishing the provisional sales agreement, the seller must provide several mandatory documents, whether the transaction is taking place before a notary or not. There is an increasing line of thought that, as the current situation continues, there may be scope for frustration arguments where: This will depend on the specific provisions of the lease. door handles, elevator buttons and toilets). It is a legal, binding contract and contains all pertinent information relating to the sale of a property. A waterfall distribution provision that can be used in a limited liability company operating agreement for a real estate joint venture, formed between an operating member, which is the minority member, and an investor member, which is the majority member. In this case it will be a private deed. © 2020 DLA Piper. The signature is also the concrete way to fix the price of the property and all the conditions of sale (general, special and precedent). Provisional Sale and Purchase Agreement. Access further information on the route map. Remember, the defeasance clause is what ensures that the title for the property is transferred to the buyer, once the mortgage is fully paid off. What about contracts being negotiated now? In case of difficulties, you can contact the data privacy officer: and can also make a complaint to the CNIL on the website. Occupier's liability: Provided a landlord in control of all or any part of the premises takes all reasonable steps to protect the safety of those invited and uninvited entering the building or premises (and can evidence that reasonable steps have been taken), it is unlikely that any additional liabilities will result from this legislation. For businesses likely to be affected by coronavirus COVID-19, practical steps include: Please visit our Coronavirus Resource Center for more guidance across a spectrum of topics. Tenants may request a reduction in rent or a re-gearing of the lease terms to take the pandemic into account. If the property you want to buy is being sold as part of a classic condominium, the seller must provide additional documents along with the provisional sales agreement: After signing the provisional sales agreement, you have a period of 10 days during which you can withdraw. Force majeure is not defined in the JCT contract, but the current coronavirus COVID-19 situation is likely to be considered such an event. However, in the majority of insurance policies, the pandemic is unlikely to be classified as an insured risk, so the terms of each policy must be checked. Sites with consent that will expire between 23 March and 31 December 2020 will now see their consent extended to 1 April 2021. The guidance states that construction work may continue only on "essential" projects, and only then where social distancing and health and safety guidance may be complied with. Previously, the Land Register of Scotland and did not permit scans of signed paper deeds to be submitted for registration. In terms of public transport, face coverings should now be worn if people use it. Some service-charge provisions will also allow costs incurred as a result of complying with "applicable laws" to be recovered – although whether a landlord can rely on this type of provision will depend on whether the government imposes prescriptive measures. Care should be taken to ensure that, for example, suitable handwashing facilities are available if these are part of the landlord's responsibilities under the lease. Please get in touch with your usual DLA Piper contact if you require more specific advice on any query, whether on real estate matters or any wider business issues. If a landlord does have obligations under COSHH or other health and safety legislation regarding the premises it lets, it should assess the risks of coronavirus COVID-19 and may need to take preventative measures (e.g. Contracts vary, however, and the operation of the force majeure clause may differ in each case; specific legal advice should be sought. Here, we take a look at the controversial sunset clause, the risks associated with it, and how you can make it work for you. Purpose DLA Piper is a global law firm with lawyers located in more than 40 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific, positioning us to help clients with their legal needs around the world. In a confirmed case of coronavirus COVID-19, however, measures will primarily be dictated by Public Health England (PHE) or Health Protection Scotland (HPS), and following these will be the best way to comply with health and safety obligations. From 15 July, all indoor hospitality and holiday accommodation may reopen. The most commonly used Standards Australia construction contracts (e.g. The government has published guidance for employers, employees and the self-employed on how to work safely during Covid-19. natural disasters, war, strikes, riots, or epidemics). These suspension provisions are not thought to give protection to those occupying premises pursuant to licences, commercial contracts or other arrangements – whether or not this was intended by the government. For further information about these entities and DLA Piper's structure, please refer to the Legal Notices page of this website. It’s also known as a Knock Out clause, a Sale of Other Property contingency or simply a contingent contract. Failure to comply with these requirements can have serious consequences – for both organisations and individuals. It does not prevent rent and other sums due under the lease from accruing. Such an event must be one that neither party could prevent, and that the contractor would have judged at the start of the contract to have such a small chance of occurring that it would have been unreasonable to have allowed for it. The Scottish Act introduces a moratorium on irritancy (the Scottish equivalent of forfeiture) by lengthening (from 14 days to 14 weeks) the minimum period of notice which a landlord must give to a business tenant to pay arrears of rent (or other payments due under a lease) before the landlord can initiate court proceedings to terminate the lease for non-payment. Wider regulatory issues regarding any steps taken (such as cleaning or surface disinfection) by a commercial landlord or its managing agents should also be considered. keeping up to date with the latest guidelines issued by the WHO and UK and Scottish governments; engaging with your landlord or tenant (as the case may be) to agree concessions acceptable to both parties but ensuring these are documented in very clear terms signed by both parties (and any guarantor) to avoid future disputes; reviewing any obligations in leases, construction contracts and other land instruments in light of coronavirus COVID-19; inserting epidemic wording into any new contracts of land; providing enhanced cleaning measures to frequently touched surfaces; where remote or homeworking for employees is possible, arranging for laptops to be taken home; and. This proposed scheme (referred to as the Furloughed Space Grant Scheme) would see a proportion of a business’s property costs covered by the government, similar to the model introduced in countries like Denmark and Sweden, with a view to keeping a healthy property ecosystem. A Kick Out provision is actually an addendum to the contract that takes into consideration the sale of another property by the buyer. Some housebuilders are now re-opening sites, after having developed and tested a new range of site protocols to enable social distancing to be enforced. The BPF in conjunction with a number of occupier bodies, has been lobbying for a code of conduct to apply to landlords, occupiers and, hopefully, lenders. In accordance with the French Data Protection Act and GDPR rules, you have a right of access, rectification or erasure, a right of opposition and a right of portability concerning your personal data. The purpose of the Scottish Act is to complement measures already implemented in the UK-wide Act. As such a change of use will not normally need planning permission. If the deal is not “closed” by that date, the buyer and seller can walk away from the deal. preparing IT systems for additional remote-access usage and capacity enhancement. If the definition of insured risks in a lease is wide enough to cover the pandemic, there may be a clause in the lease that entitles the tenant to a rent suspension, by following a strict procedure set out in the lease. A better approach is to agree specific drafting to provide relief from the effects of coronavirus COVID-19, whether this is disruption to supply chains and labour resources, or the result of the government introducing any emergency powers. As real estate specialists, MGM’s experts can assist you with drafting your provisional sales agreement and reveal all the practicalities of this preliminary contract: documents to provide when drawing up the provisional sales agreement, conditions of withdrawal, signing before a notary… (In Scotland the courts have stated that the law of frustration is essentially the same as in England, although there have been instances (albeit few in number) where Scottish courts have held that leases have been terminated by frustration.). It remains to be seen what effect the Code will have in practice; the fact that it is voluntary and lacks sanction for non – compliance may limit its effectiveness. The Coronavirus Act 2020 merely suspends a landlord’s ability to forfeit a lease during the suspension period. The UK government says it is actively monitoring the impact on commercial landlords’ cashflow and will continue to be in dialogue with them. Provisional sale and purchase agreements are common in Hong Kong in the property market. The seller, on the other hand, does not have a right of withdrawal. In other words, the switch back will normally need planning permission. These can permit temporary hospital and healthcare facilities, mortuary facilities, storage and accommodation that may be required due to coronavirus COVID-19. The provisional agreement is often provided by an estate agent and must, at least, include the following: The address of the flat; The price of the flat; The personal details of the vendor and the purchaser (If a party to the agreement is a limited company, the full name and the business registration number of the company must be stated); The amount of the initial deposit (*usually 1% to 3% of the … The purchase and sale of a property are generally made official by a provisional sales agreement. Both parties can also call on an estate agent to draft the provisional sales agreement. Landlords may also have responsibilities to the extent that they exercise relevant control over parts of premises (and their ability to implement measures). Many international and domestic construction contracts contain force majeure clauses to give relief in these circumstances. Coronavirus has now been declared a "notifiable disease" in England, Scotland and Northern Ireland. Given the public law nature of the planning system, any agreed changes should be documented in a deed of variation to provide clarity and certainty going forward. Tailor your perspective of our site by selecting your location and language below. This guidance is non-statutory but the government “strongly encourages” parties to follow it for their collective benefit and the long-term benefit of the UK economy. They may be extended for two further periods of six months, giving a maximum duration of 18 months. Two recent Texas opinions demonstrate that as-is clauses can be the shield a buyer wants it to be, but it can also be nothing but a paper tiger. This may mean scheduling work at specific times, and could require more detailed collaboration with tenants and occupiers. Equally, during this period, no action by a landlord (other than giving an express waiver in writing) will be regarded as waiving a right of re-entry or forfeiture for non-payment of rent. This would cover any events – whether disruptions to supply chains and labour resources, or government action – that prevent the contractor from completing the works. The principles it sets out however are all seemingly on their face very sensible but to what extent the property industry ‘ buys in’ to it remains to be seen. However, the title given to a document is not necessarily how it will be construed in legal terms, and licences often constitute business tenancies if (in simple terms) they afford an occupier exclusive possession of a space for a term at a rent (or something akin to rent, however expressed). More detailed information regarding the closure of all non-essential premises can be found here, including a full list of those businesses and other venues that must close. The time between the signing of the agreement and the final sale (usually 3 months) provides you with the time to arrange financing; this period also serves to purge the right of pre-emption (a right giving communities the opportunity to buy the property first). For those projects where sites must close, contractors will, in most cases, be entitled to an extension of time if the contract contains force majeure-type provisions of the type noted above.

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